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THE  LIBRARY  OF  THE 

UNIVERSITY  OF 

NORTH  CAROLINA 


THE   COLLECTION  OF 
NORTH   CAROLINIANA 


Cp970.03 
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This  book  is  due  on  the  last  date  stamped 
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^  roMna  Collet' 


7>. 


Cherokee      Indians,      Jfeuiorial   of  John  Ross,   & 
lers,      coiaplaining  of   injuries  done   them,   &  praying 
?  redress.      31p.,   caption   title.   23d  Cong.,    1st   sess., 
1.  Doc.   386.      1834  y  ^     -8,59- 


Digitized  by  the  Internet  Archive 

in  2011  with  funding  from 

University  of  North  Carolina  at  Chapel  Hil 


http://www.archive.org/details/memorialofjohnroOOcher 


23d  Congress,  r  335     I 

1st  Session.  "■ 


MEMORIAL 


JOHN  ROSS,  AND  OTHERS, 


Delegates  from  the   Cherokee  Indians,  complaining  of  injuries   done 
them,  and  praying  for  redress. 


May  20,  1834. 

Referred  to  the  Committee  on  Indian  Affairs,  and  ordered  to  be  printed. 

To  the  honorable  the  Senate  and  House  of  Representatives  of  the  United 
Stales  in  Congress  assembled : 

The  memorial  of  the  Cherokee  nation,  by  their  delegates  duly  appointed  for 
that  purpose,  to  wit,  John  Ross,  principal  chief  of  the  nation,  Richard 
Taylor,  Daniel  McCoy,  Hair  Conrad,  and  John  Timson, 

Respectfully  showeth  : 

That  they  approach  your  honorable  bodies  as  the  representatives  of  the 
people  of  the  United  States,  entrusted  by  them,  under  the  constitution,  with 
the  exercise  of  their  sovereign  power,  to  ask  for  protection  of  the  rights  of 
your  memorialists,  and  redress  of  their  grievances.  They  respectfully  re- 
present that  their  rights,  being  stipulated  by  numerous  solemn  treaties 
which  guarantied  to  them  protection,  and  guarded,  as  they  supposed,  by 
laws  enacted  by  Congress,  they  had  hoped  that  the  approach  of  danger 
would  be  prevented  by  the  interposition  of  the.  power  of  the  Executive 
charged  with  the  execution  of  treaties  and  laws;  and  that  when  their  rights 
should  come  in  question,  they  would  be  finally  and  authoritatively  decided 
by  the  judiciary,  whose  decrees  it  would  be  the  duty  of  the  Executive  to 
see  carried  into  effect.  For  many  years,  these  their  just  hopes  were  not 
disappointed.  The  public  faith  of  the  United  States,  solemnly  pledged  to 
them,  was  duly  kept  in  form  and  substance.  Happy  under  the  paren- 
tal guardianship  of  the  United  States,  they  applied  themselves  assiduously 
and  successfully  to  learn  the  lessons  of  civilization  and  peace,  which,  in  the 
prosecution  of  a  humane  and  Christian  policy,  the  United  States  caused  to  be 
taught  to  them.  Of  the  advances  they  have  made  under  the  influence  of 
this  benevolent  system,  they  might  a  few  years  ago  have  been  tempted  to 
speak  with  pride  and  satisfaction,  and  with  grateful  hearts  to  those  who  have 
been  their  instructors.  They  could  have  pointed  with  pleasure  to  the 
houses  they  had  built,  the  improvements  they  had  made,  the  fields  they 
were  cultivating;  they  could  have  exhibited  their  domestic  establishments, 


[  386  ]  2 

and  shown  how,  from  wandering  in  the  forests,  many  of  them  had  become 
the  heads*  of  families,  with  fixed  habitations,  each  the  centre  of  a  domestic 
circle  like  that  which  forms  the  happiness  of  civilized  man.  They  could 
have  shown,  too,  how,  with  the  arts  of  industry,  human  knowledge  and  let- 
ters had  been  introduced  amongst  them,  and  how  the  highest  of  all  the 
knowledge  had  come  to  bless  them,  teaching  them  to  know  and  to  worship 
the  Christian's  God,  bowing  down  to  him  at  the  same  seasons,  and  in  the 
same  spirit  with  the  millions  of  his  creatures  who  inhabit  Christendom,  and 
with  them  embracing  the  hopes  and  promises  of  the  gospel.  But  now,  each 
of  these  blessings  has  been  made  to  them  an  instrument  of  the  keenest  tor- 
ture. Cupidity  has  fastened  its  eye  upon  their  lands  and  their  homes,  and 
is  seeking  by  force,  and  by  every  variety  of  oppression  and  wrong,  to  expel 
them  from  their  lands  and  their  homes,  and  to  tear  them  from  all  that  has 
become  endeared  to  them.  Of  what  they  have  already  suffered,  it  is  impossi- 
ble for  them  to  give  the  details,  as  they  would  make  a  history.  Of  what 
they  are  menaced  with  by  unlawful  power,  every  citizen  of  the  United 
States  who  reads  the  public  journals  is  aware. 

In  this  their  distress  they  have  appealed  to  the  judiciary  of  the  United 
States  where  there  rights  have  been  solemnly  established.  They  have  ap- 
pealed to  the  Executive  of  the  United  States  to  protect  these  rights  accord-1 
ing  to  the  obligations  of  treaties,  and  the  injunctions  of  the  laws.  But  this 
appeal  to  the  Executive  has  been  made  in  vain.  In  the  hope  that,  by  yield- 
ing something  of  their  clear  rights,  they  might  succeed  in  obtaining  security 
for  the  remainder,  they  have  lately  opened  a  correspondence  with  the  Ex- 
ecutive, offering  to  make  a  considerable  cession  from  what  had  been  reserv- 
ed to  them  by  solemn  treaties,  only  upon  condition  that  they  might  be  pro- 
tected in  the  part  not  ceded.  Of  this  correspondence,  a  copy  is  respectful- 
ly annexed  as  part  of  their  memorial.  But  their  earnest  supplication  has 
been  unheeded,  and  the  only  answer  they  can  get  informs  them,  in  sub- 
stance, that  they  must  be  left  to  their  fate,  or  renounce  the  whole.  What 
that  fate  is  to  be,  unhappily  is  too  plain. 

The  State  of  Georgia  has  assumed  the  jurisdiction  over  them,  has  invaded 
their  territory,  has  claimed  the  right  to  dispose  of  their  lands,  and  has  ac- 
tually proceeded  to  dispose  of  them,  reserving  only  a  small  portion  to  indi- 
viduals, and  even  these  portions  are  threatened,  and  will  no  doubt  soon  be 
taken  from  them.  Thus  the  nation  is  stripped  of  its  territory,  and  indivi- 
duals of  their  property,  without  the  least  color  of  right,  and  in  open  viola- 
tion of  the  guarantee  of  treaties.  At  the  same  time,  the  Cherokees,  de- 
prived of  the  protection  of  their  own  government  and  laws,  are  left  without 
the  protection  of  any  other  laws,  outlawed  as  it  were,  and  exposed  to  indig- 
nities, imprisonment,  persecution,  and  even  to  death,  though  they  have 
committed  no  offence  whatever,  save  and  except  that  of  seeking  to  enjoy 
what  belongs  to  them,  and  refusing  to  yield  it  up  to  those  who  have  no  pre- 
tence of  title  to  it.  Of  the  acts  of  the  Legislature  of  Georgia,  your  memo- 
rialists will  endeavor  to  furnish  copies  to  your  honorable  bodies:  and  of  the 
doings  of  individuals,  they  will  furnish  evidence  if  required.  And  your 
memorialists  further  respectfully  represent  that  the  Executive  of  the  United 
States  has  not  only  refused  to  protect  your  memorialists  against  the  wrongs 
they  have  suffered,  and  arc  still  suffering,  at  the  hands  of  unjust  cupidity, 
but  has  done  much  more.  It  is  but  too  plain  that,  for  several  years  past, 
the  power  of  the  Executive  has  been  exerted  on  the  side  of  their  oppressors, 


3  [  386  ] 

and  is  co-operating  with  them  in  the  work  of  destruction.  Of  two  particu- 
lars in  the  conduct  of  the  Executive,  your  memorialists  would  make  men- 
tion not  merely  as  matters  of  evidence,  but  as  specific  subjects  of  complaint, 
in  addition  to  the  more  general  ones  already  stated. 

The  first  of  these  is  the  mode  adopted  to  oppress  and  injure  your  memo- 
rialists under  color  of  enrolments  for  emigrations.  Unfit  persons  are  intro- 
duced as  agents.  Acts  are  practised  by  thern  that  are  unjust,  unworthy, 
and  demoralising,  and  have  no  object  but  to  force  your  memorialists  to  yield 
and  abandon  their  rights  by  making  their  lives  intolerably  wretched.  They 
forbear  to  go  into  particulars,  which,  nevertheless,  they  are  prepared,  at  a  pro- 
per time,  to  exhibit. 

The  other  is  calculated  also  to  weaken  and  distress  your  memorialists, 
and  is  essentially  unjust.  Heretofore,  until  within  the  last  four  years,  the 
money  appropriated  by  Congress  for  annuities  has  been  paid  to  the  nation, 
by  whom  it  was  distributed  and  used  for  the  benefit  of  the  nation.  And 
this  method  of  payment  was  not  only  sanctioned  by  the  usage  of  the  Go- 
vernment of  the  United  States,  but  was  acceptable  to  the  Cherokees.  Yet 
without  any  cause  known  to  your  memorialists,  and  contrary  to  their  just 
expectations,  the  payment  has  been  withheld  for  the  period  just  mentioned 
on  the  ground,  then  for  the  first  time  assumed,  that  the  annuities  were  to  be 
paid  not  as  hitherto  to  the  nation,  but  to  the  individual  Cherokees,  each  his 
own  small  fraction,  dividing  the  whole  according  to  the  numbers  of  the  na- 
tion. The  fact  is,  that  for  the  last  four  years  the  annuities  have  not  been 
paid  at  all.  The  distribution  in  this  new  way  was  impracticable,  if  the 
Cherokees  had  been  willing  thus  to  receive  it:  but  they  were  not  willing. 
They  have  refused,  and  the  annuities  have  remained  unpaid.  Your  memo- 
rialists forbear  to  advert  to  the  motives  of  such  conduct,  leaving  them  to  be 
considered  and  appreciated  by  Congress.  AH  they  will  say  is,  that  it  has 
coincided  with  other  measures  adopted  to  reduce  them  to  poverty  and  des- 
pair, and  to  extort  from  their  wretchedness  a  concession  of  their  guarantied 
rights. 

Having  failed  in  their  efforts  to  obtain  relief  elsewhere,  your  memorialists 
now  appeal  to  Congress,  and  respectfully  pray  that  your  honorable  bodies 
will  look  into  their  whole  case,  and  that  such  measures  may  be  adopted  as 
will  give  them  redress  and  security.      And  they  will  pray,  &c. 

JNO.  ROSS. 

R.  TAYLOR. 

DANL.  McCOY, 
his 

HAIR   x    CONRAD, 
mark. 

JOHN  TIMSON. 
Washington  CrTY,  May  17,  1834. 


An  act  to  authorize  the  taking  of  the  census  in  the  several  counties  compos- 
ing  the  Cherokee  circuit,  and  to  require  his  Excellency   the  Governor  to 
pay  over  the  poor  school  fund  belonging  to  each  county. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  State 
of  Georgia  in  General  Jissemby  met,  and  it  is  hereby  enacted  by  the  au- 
thority aforesaid,  That  it  shall   be  the  duty  of  the  justices  of  the  inferior 
court  in  the  counties  of  Cass,  Cherokee.  Cobb,  Floyd,  Forsyth;   Gilmer, 


[  386  ]  4 

Lumpkin,  Murray,  Paulding,  and  Union,  which  have  been  created  since  the 
last  census  was  taken,  to  appoint  one  fit  and  proper  person  in  their  respect- 
ive counties  to  take  a  full  and  accurate  census  or  enumeration  of  the  free 
white  population;  and  the  person  so  appointed  shall  make  his  return  to  the 
clerk  of  the  inferior  court  of  the  county  in  which  he  shall  be  appointed, 
on  or  before  the  first  day  of  April  next. 

And  be  it  further  enacted,  That  so  soon  as  the  census  or  enumeration 
shall  have  been  taken  and  returned  as  required  by  this  act,  it  shall  be  the 
duty  of  the  inferior  court  to  forward  a  certified  copy  of  the  same  to  his  ex- 
cellency the  Governor;  and  it  shall  be  the  duty  of  his  excellency  the  Go- 
vernor to  pay  to  the  several  counties  named  in  this  act  an  equal  portion, 
according  to  their  white  population,  of  the  poor  school  fund  appropriated 
for  annual  distribution  among  the  several  counties  of  this  State. 

And  be  it  further  enacted,  That  the  person  appointed  to  take  the  census 
or  enumeration  shall  receive  the  compensation,  and  be  governed  in  the  per- 
formance of  their  duty  by  the  provisions  contained  in  an  act  passed  the 
twenty-sixth  day  of  December,  eighteen  hundred  and  twenty-six,  except  so 
much  as  militates  against  the  provisions  of  this  act. 

And  be  it  further  enacted,  That  all  laws  or  parts  of  laws  militating 
against  this  act  be,  and  the  same  are  hereby,  repealed. 

THOMAS  GLASCOCK, 
Speaker  of  the  House  of  Rej)resentatives. 
JACOB  WOOD, 

President  of  the  Senate, 
Assented  to,  December  21,  1833. 

WILSON  LUMPKIN,  Governor, 


An  act  more  effectually  to  provide  for  the  government  and  protection  of  the 
Cherokee  Indians  residing  within  the  limits  of  Georgia,  and  to  prescribe 
the  bounds  of  their  occupant  claim;  and  also  to  authorize  grants  to  issue 
for  lots  drawn  in  the  late  Land  and  Gold  Lotteries  in  certain  cases,  and 
to  provide  for  the  appointment  of  an  agent  to  carry  certain  parts  thereof 
into  execution;  and  to  fix  the  salary  of  such  agent;  and  to  punish  those 
persons  who  may  deter  Indians  from  enrolling  for  emigration. 

Sec.  1 .  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Georgia  in  General  Assembly  met,  and  it  is  hereby  enacted 
by  the  authority  of  the  same,  That  in  all  cases  where  a  white  man  is  the 
head  of  an  Indian  family,  such  Indian  family  shall  retain  the  rights  of  such 
property  claimed  under  the  rights  of  such  Indian  family,  the  white  man 
obtaining  no  rights  but  that  of  the  Indian  use  and  occupation. 

Sec.  2.  And  be  it  further  enacted,  That  every  white  man  who  may 
have  an  Indian  family,  and  who  may  be  desirous  of  retaining  his  privileges 
which  he  may  possess  as  the  head  of  an  Indian  family,  may,  at  any  time 
before  the  first  day  of  March  next,  notify  the  clerk  of  the  superior  court  of 
the  county  in  which  he  may  reside,  in  writing,  of  his  intention  to  retain 
his  privileges  as  the  head  of  such  Indian  family;  which  notification  shall  be 
recorded  in  a  book  to  be  kept  for  that  purpose,  and  no  other;  and  upon  the 
doing  of  which  he  shall  be  entitled  to  all  the  privileges  which  are  granted 
to  such  white  men  in  the  preceding  section  of  this  act. 


5  [  386  ] 

Sec  3.  *flnd  be  it  further  enacted,  That  if  any  Indian  or  descendant  of 
an  Indian,  or  white  man  the  head  of  an  Indian  family,  claiming  the  privi- 
leges of  an  Indi.an,  shall  employ  any  white  man,  or  slave  belonging  to  a 
white  man,  or  person  of  color  other  than  the  descendant  of  an  Indian,  as  a 
tenant-cropper,  or  assistant  in  agriculture,  or  as  a  miller  or  millwright,  they 
shall,  for  such  offence,  upon  the  same  being  established  by  the  testimony  of 
two  respectable  witnesses,  forfeit  all  right  and  title  that  they  may  have  to 
any  reservation  or  occupancy  within  the  limits  of  this  State;  and  that,  upon 
the  certificate  of  the  agent  to  be  hereafter  appointed,  grants  may  issue  for 
the  same  as  though  such  improvement  had  never  been  occupied  by  such  In- 
dian, descendant  of  an  Indian,  or  white  man  having  an  Indian  family. 

Sec.  4.  J2nd  be  it  further  enacted,  That  where  any  Indian  or  descend- 
ant of  an  Indian,  or  white  man  having  the  privileges  of  an  Indian,  shall 
have  two  or  more  wives,  any  of  whom  shall  reside  on  farms  separate  and 
apart  from  the  usual  abode  of  such  Indian,  or  descendant  of  an  Indian,  or 
white  man  having  the  privileges  of  an  Indian,  she  or  they  shall  be  held  and 
considered  the  sole  proprietor  of  such  farm,  together  with  the  slaves  (if  any) 
usually  employed  in  cultivating  the  same;  and,  that  if  she  or  they  shall  enrol 
for  emigration,  shall  have  exclusive  and  absolute  control  thereof. 

Sec.  5.  %flnd  be  it  further  enacted,  That  if  any  Indian,  or  others  enjoy- 
ing the  privileges  of  an  Indian,  shall  enroll  for  emigration,  and  shall  after- 
wards refuse  to  emigrate  at  the  time  stipulated:  Provided,  The  agent  of  the 
United  States  shall  be  in  readiness  to  remove  them  to  Arkansas,  and  provid- 
ed also,  That  such  neglect  shall  not  be  occasioned  by  act  of  Providence,  or 
other  unavoidable  cause;  he  or  they  shall,  for  such  neglect  or  refusal,  forfeit 
all  right  to  any  future  occupancy  within  the  limits  of  this  State. 

Sec.  6.  And  be  it  further  enacted,  That  no  Indian,  or  others  having 
the  privileges  of  an  Indian,  shall,  under  any  pretence  whatever,  set  up  any 
claim  or  demand  against  any  member  of  the  same  tribe,  after  such  member 
shall  have  enrolled  his  or  her  name  for  emigration,  so  as  to  deter  such  emi- 
grant from  removing  at  the  time  stipulated;  and  where  the  claim  shall  be 
preferred  against  any  property  which  may  be  in  the  possession  of  the  indi- 
vidual emigrating,  the  agent,  as  aforesaid,  shall  be  competent  to  decide  on 
the  merits  of  the  claim:  Provided,  That  nothing  herein  contained  shall  be 
so  construed  as  to  prevent  the  claimants  from  prosecuting  his  claim  hereaf- 
ter, and  in  the  country  to  which  such  Indian,  or  person  having  the  privileges 
of  an  Indian,  shall  emigrate. 

Sec.  7.  Jind  be  it  further  enacted,  That  no  contract,  either  verbal  or 
written,  alleged  to  have  been  made  between  a  white  man  and  an  Indian, 
shall  be  binding,  except  the  same  can  be  established  by  the  testimony  of  at 
least  two  respectable  witnesses. 

Sec.  8.  Jind  be  it  further  enacted,  That  no  Indian,  or  the  descendant  of 
an  Indian,  or  others  having  the  privileges  of  an  Indian,  shall  be  allowed 
more  than  one  hundred  and  sixty  acres,  which  shall  consist  of  the  lot  includ- 
ing his  dwelling-house,  or,  if  in  a  district  where  the  lots  contain  but  forty 
acres,  he  or  they  shall  be  allowed  the  lot  including  his  or  her  house,  and  as 
many  others  as  he  may  have  improvements  on,  not  exceeding  three;  and  in 
both  cases  they  shall  be  allowed  such  improved  land  as  may  be  within  any 
other  lot  adjoining  thereunto,  which  he  or  they  may  have  actually  enclosed, 
and  improved  previous  to  the  twenty-fifth  December,  eighteen  hundred  and 
thirty,  and  all  the  residue  of  such  lots  as  are  not  entirely  allowed  as  above 
may  be  occupied  by  the  drawer,  his  or  her  legal  representative. 


[  386  ]  6 

Sec.  9.  Jlnd  be  it  further  endcied,  That  if  any  Indian  or  Indians,  or 
any  person  claiming  to  be  an  Indian,  or  the  descendant  thereof,  or  any  In- 
dian countryman,  their  aiders,  abettors,  or  assistants,  who  shall  obstruct  or 
resist  by  force  or  threats  the  peaceable  possession  by  the  drawer  thereof,  or 
any  person  claiming  under  him,  her,  or  them,  of  any  tract  or  lot  of  land,  not 
herein  allowed  to  such  Indian,  such  offender  shall  be  guilty  of  a  high  misde- 
meanor, for  which  he,  she.,  or  they  may  be  indicted,  and,  on  conviction,  shall 
be  punished  by  imprisonment,  at  the  discretion  of  the  court. 

Sec.  10.  Jlnd  be  it  further  enacted.  That  where  any  lot  drawn  in  the 
late  land  and  gold  lottery  shall  be  partly  within  an  improvement  which  has 
been  valued  and  paid  for  by  the  United  States,  and  partly  within  the  im- 
provement of  an  Indian  occupant,  it  shall  be  the  duty  of  the  agent  as  afore- 
said, upon  the  drawer  of  such  lot,  or  his  or  her  legal  representative,  produc- 
ing to  the  said  agent  a  certificate  signed  by  his  excellency  the  Governor, 
showing  that  such  lot  was  drawn  by  him  or  her,  immediately  to  place  the 
drawer,  or  his  or  her  representative,  in  possession  of  so  much  thereof  as 
may  lie  within  the  limits  of  such  valued  improvement,  and  forthwith  to  re- 
move any  intrusion  thereon  which  might  be  calculated  to  prevent  the  peace- 
able possession  of  the  same. 

Sec.  11.  Jind  be  it  further  enacted.  That  his  excellency  the  Governor 
is  hereby  authorized,  where  satisfactory  evidence  is  produced  to  him,  to 
cause  grants  to  issue  for  all  lots  which  by  this  act  may  be  specially  designat- 
ed, upon  the  application  of  the  drawer,  or  his  or  her  representative. 

Sec.  12.  Jind  be  it  further  enacted.  That  his  excellency  the  Governor 
is  hereby  authorized  to  cause  grants  to  issue  for  all  lots  which  have  been 
drawn  in  the  late  land  and  gold  lottery,  where  they  may  lie  within  or  touch 
upon  the  improvement  of  any  Indians  or  descendant  of  an  Indian,  or  others 
having  the  privileges  of  an  Indian,  who,  under  any  of  the  treaties  concluded 
between  the  United  States  and  the  Cherokee  tribe  of  Indians,  have  been  al- 
lowed a  reservation  in  fee  simple,  whether  the  said  reserve  shall  have  been 
located  in  this  State  or  elsewhere  ;  and  also  for  all  such  lots  as  may  have 
been  drawn  as  aforesaid,  and  which  may  lie  within  or  touch  upon  the  impro- 
vement of  any  descendant  of  an  Indian  who  was  allowed  a  reservation  in 
fee  simple  as  aforesaid:  Provided,  Such  descendant  of  an  Indian  shall  not 
have  been  twenty-one  years  of  age  at  the  time  his  or  her  parents  perfected 
such  reservation  ;  also,  for  all  lots  which  lie  within,  or  touch  upon,  the  im- 
provement of  an  Indian,  or  others  having  the  privileges  of  an  Indian,  that 
in  any  treaty  as  aforesaid  shall  have  been  allowed  a  reservation  for  life,  and 
who  has  removed  therefrom,  and  settled  within  the  limits  of  Georgia,  and 
for  all  lots  which  may  lie  within  or  touch  upon  any  improvement  occupied 
by  any  Indian,  descendant  of  an  Indian,  or  white  man  having  the  privilege 
of  an  Indian,  who  shall  have  heretofore  enrolled  for  emigration,  and  shall 
have  received  in  consequence  of  such  enrolment;  any  money  or  other  valua- 
ble consideration,  and  also  for  all  lots  drawn  as  aforesaid,  and  which  may  be 
within  or  touch  upon  the  improvement  of  any  Indian  or  descendant  of  an 
Indian,  or  any  white  man  having  the  privileges  of  an  Indian,  and  who,  in 
any  of  the  land  lotteries  authorized  by  this  State,  shall  have  drawn  therein 
any  lot  or  lots;  also,  for  all  lots  which  may  be  within  or  touch  upon  the  im- 
provements of  any  Indian,  descendant  of  an  Indian,  or  white  man  having 
the  privileges  of  an  Indian,  which  have  been  sold,  leased  or  rented,  contrary 
to  the  existing  laws  of  this  State. 


1  [  3S6  ] 

Sec  13.  And  be  \it  further  enacted,  That  his  excellency  the  Governor 
is  hereby  authorized  to  appoint  some  fit  and  proper  person  as  agent,  whose 
duty  it  shall  be  to  see  that  the  provisions  of  this  act  be  duly  and  effectually 
carried  into  operation,  and  to  examine  and  report  to  his  excellency  the  Go- 
vernor such  lots  having  Indian  improvements  thereon,  and  subject  to  be 
granted  by  this  act,  who  shall  receive  one  thousand  dollars  per  annum  as  a 
full  compensation  for  his  services  ;  and  who  shall  take  and  subscribe  the  fol- 
lowing oath,  to  wit :  "  I,  A.  B.  do  solemnly  swear  that  I  will  perform  the 
duties  of  Indian  agent  in  the  Cherokee  Territory,  according  to  the  pro- 
visions of  this  act  regulating  the  Cherokee  Indians  in  the  possession  of  their 
persons  and  property,  without  favor  or  partiality,  to  the  best  of  my  abilities: 
so  help  me  God."  And  he  shall  give  bond  and  sufficient  security,  in  the  sum 
of  two  thousand  dollars,  for  the  faithful  performance  of  the  duties  required 
of  him  by  this  act,  and  shall  be  subject  to  prosecution  before  the  superior 
court  in  any  county  where  he  shall  violate  or  neglect  to  perform  the  duties 
required  of  him  as  agent  aforesaid  ;  and,  on  conviction  thereof,  he  shall  be 
removed  from  office,  and  be  fined  at  the  discretion  of  the  court. 

Sec.  14.  And  belt  further  enacted,  That  if  any  person  shall,  by  threats, 
menaces  or  otherwise,  deter  or  prevent  any  Indian  or  Indians  from  enrolling 
for  emigration,  he  or  they  shall  be  held  and  deemed  guilty  of  a  misdemean- 
or; and,  on  conviction  thereof,  shall  be  find  in  a  sum  not  less  than  one  hun- 
dred dollars,  nor  more  than  five  hundred  dollars,  or  undergo  an  imprisonment 
in  the  penitentiary,  at  the  discretion  of  the  court. 

Sec.  15.  And  be  it  further  enacted,  That  all  laws  and  parts  of  laws  mili- 
tating against  this  act,  and  the  act  appointing  special  agencies  for  the  counties, 
be,  and  the  same  are  hereby,  repealed. 

THOMAS  GLASCOCK, 
Speaker  of  the  House  of  Representatives. 
JACOB  WOOD, 

President  of  the  Senate. 
Assented  to  20th  December,  1833: 

WILSON  LUiMPKIN,  Governor. 


Brown's  Hotel,  Washington  City, 

January  28,  1833. 

Sir:  Having  exhibited  before  you  the  authority  under  which  we  have  been 
delegated  by  the  Cherokee  nation  to  visit  the  seat  of  Government,  we  will 
now  take  occasion  to  lay  before  you,  for  the  consideration  of  the  President, 
a  brief  view  of  the  existing  state  of  things  in  relation  to  our  national  affairs, 
and  also  to  make  known  the  feelings  of  the  Cherokee  people.  In  doing  so, 
it  is  not  deemed  necessary  to  go  into  a  detailed  narrative  of  the  numerous 
circumstances  attending  the  facts,  nor  are  we  disposed  to  enter  into  a  prolix 
discussion  of  the  justice  and  merits  of  those  rights  for  which  we  have  so  ear- 
nestly spught  the  interposition  of  the  protecting  arm  of  the  General  Govern- 
ment. 

It  is  sufficient  to  state  that  it  has  been  the  lot  of  our  nation  to  differ  in  opi- 
nion with  the  constituted  authorities  of  this  Government  in  regard  to  that 
system  of  policy  having  for  its  object  the  general  removal  of  all  the  Indian 
tribes  west  of  the  river  Mississippi;  and  that  it  has  been  our  misfortune  to 
find  the  President  of  the  United  States  entertaining  views  adverse  to  ours 


[  386  ]  8 

upon  the  question  of  those  rights  which  our  nation  claims,  and  heretofore 
have  peaceably  enjoyed  from  time  immemorial,  and  which  have  been  so- 
lemnly recognized  by  the  treaties  now  existing  with  the  United  States. 

In  the  course  of  these  events,  the  State  of  Georgia  assumed  to  herself  the 
right  to  extend  and  exercise  jurisdiction  over  all  that  portion  of  our  territory 
called  "  the  chartered  limits  of  Georgia."  The  nature  and  effects  of  the  laws 
adopted  by  her  Legislature  to  operate  upon  our  people  are^well  known. 
Our  nation  being  strenuously  opposed  to  a  change  of  location,  and  the  offi- 
cers of  the  Government  having  withheld  the  enforcement  of  the  intercourse 
act  of  Congress,  and  the  treaties  for  our  protection,  our  nation  was  driven  to 
the  necessity  of  employing  counsellors-at-law  for  asserting  our  legal  rights 
before  the  courts  of  the  United  States;  and  we  have  had  the  consolation, 
amidst  our  difficulties,  to  see  that  we  have  not  been  deceived  in  the  opinion 
entertained  of  those  rights,  when  the  supreme  judicial  tribunal  of  the  country 
decided  that  the  laws  of  Georgia  extending  jurisdiction  over  our  territory 
are  repugnant  to  the  laws,  treaties,  and  constitution  of  the  United  States,  and 
were  null  and  void.  Yet  with  deep  regret  have  we  witnessed  and  felt  the 
illegal  proceedings  of  Georgia  with  increasing  severity,  at  the  same  time  the 
protecting  arm  of  the  Federal  Government  withdrawn,  and  the  annuity  sti- 
pend due  to  our  nation  by  treaties  withheld,  and  from  the  mere  claim  of  the 
right  to  exercise  jurisdiction. 

The  right  of  surveying,  disposing  of,  and  occupying  our  lands  by  force, 
have  since  been  asserted  by  Georgia,  and  measures  are  now  in  train  for  the 
consummation  of  the  unjust  deed. 

In  this  peculiar  state  of  affairs,  our  nation,  in  the  summer  of  the  last  year, 
received  through  your  department  certain  propositions  from  the  President, 
containing  the  basis  upon  which  the  Government  was  willing  to  negotiate  a 
treaty  for  our  territory  east  of  the  Mississippi.  And,  in  reply  thereto,  the 
General  Council  of  the  nation  informed  the  President  that  the  sentiments  of 
the  Cherokee  people  on  that  subject  remained  the  same  as  has  before  been 
expressed,  and  that  the  basis  of  his  propositions  was  objectionable,  and  that, 
owing  to  the  peculiar  state  of  things,  the  nation  was  in  duress ;  but  let  him 
remove  all  the  difficulties  complained  of,  and  to  afford  that  necessary  protec- 
tion which  had  been  solemnly  guarantied  in  our  treaties,  and  then  the  exer- 
cise of  that  privilege  which  is  so  essential  to  freedom  would  place  the  nation 
in  a  condition  to  reflect,  speak,  and  act  freely,  &c.  &c.  Some  time  there- 
after, a  letter  directed  to  "the  Cherokees  east  of  the  Mississippi,"  from  Mr. 
Robb,  the  chief  clerk  of  your  department,  was  received  through  the  agent, 
acknowledging  the  receipt  of  this  letter;  and  wlio  stated  that  you  was  then 
at  that  time  on  a  tour  to  Lake  Erie,  and  to  which  place  the  letter  had  been 
forwarded,  and  that  no  doubt  you  would  reply  to  it;  but  no  further  commu- 
nication from  you  has  since  been  received. 

Mr.  Chester,  however,  under  instructions  from  the  department,  attended 
our  General  Council  in  October  last,  and  urged  a  reconsideration  of  the  same 
propositions  which  had  before  been  submitted  and  replied  to;  and  who,  as 
you  have  been  apprised,  was  given  to  understand  that  a  delegation  would  be 
appointed  to  attend  to  the  business  of  the  nation  before  the  Government  of 
the  United  States,  on  all  subjects  relating  to  its  interests. 

Now,  in  the  discharge  of  the  duties  entrusted  to  us,  we  ask  leave  to  say 
that,  notwithstanding  the  various  perplexities  which  the  Cherokee  people 
have  experienced  under  the  course  of  policy  pursued  towards  our  nation, 
they  are  unshaken  in  their  objections  to  a  removal  west  of  the  river  Missis 


9  [  386  ] 

sippi;  and  on  the  question  of  our  rigUts  and  the  justice  of  our  cause  their 
minds  are  equally  unchangeable.  However,  we  are  fully  sensible  that  jug; 
tic?  and  weakness  cannot  control  the  array  of  oppressive  power j  and  when 
Xve  anticipate  the  calamitous  effects  of  such  power,  we  do  not  fail  to  see  with 
equal  clearness  that  a  removal,  under  existing  circumstances,  beyond  ihat 
"  father  of  rivers"  in  the  west,  would  but  produce  consequences  no  (ess  fatal. 

Therefore,  we  can  never  consent  to  be  the  instrument  of  a  suicidal  aci  to 
our  nation's  welfare  and  happiness.  The  dilemma  of  this  momentous  proh- 
lem,  then,  must  devolve  upon  the  justice,  the  magnanimity,  and  the  honor 
of  this  great  republic,  to  decide  the  ultimate  issue. 

At  our  interview,  the  President  as  well  as  yourself,  took  occasion  to  express 
deep  solicitude  on  the  part  of  the  Government  to  adjust  the  difficulties  which 
so  much  disturb  the  peace  and  tranquillity  of  our  nation.  Here,  you  wiiJ 
please  to  allow  us  to  repeat  the  expression  of  a  corresponding  desire  on  the 
part  of  our  nation;  and,  at  the  same  time,  to  take  the  liberty  of  suggesting 
for  the  consideration  of  the  President,  whether  it  would  not  be  practicable 
for  the  Government  to  satisfy  the  claims  of  Georgia  through  the  individuals 
of  the  State  who  may  have  drawn  lots  of  lands  in  our  territory  in  the  lotte- 
ries of  that  State,  by  granting  them  other  lands  of  the  United  States  lying 
within  the  limits  of  the  Territories  and  States  of  the  Union,  or  in  some  other 
way.  We  would  respectfully  ask  you  further  to  state  fully  the  views  and 
disposition  of  the  President,  how  far,  and  in  what  manner,  is  he  disposed  to 
put  a  final  end  to  the  difficulties  created  by  Georgia  with  our  nation;  and 
also,  if  the  annuity  due  to  our  nation  will  not  now  be  directed  to  be  paid 
over  to  us  as  heretofore.  Likewise,  please  to  inform  us  what  disposition  has- 
been  made  of  the  lands  reserved  under  the  treaty  of  IS19  for  the  purpose 
of  raising  a  school  fund  for  our  nation;  and  if  sold,  to  state  tne  amount  of  the 
nroceeds,  and  also  the  application  made  of  the  same. 
With  considerations  of  respect, 

We  have  the  honor  to  be,  sir, 

Your  (ibedient  servants, 
JOHN   KOSS. 


The  Hon.  Lewis  Cass,  Secretary  of  War. 


RICHAR.J  TAYLOR. 
JNO.  F.   BALDR1DG& 
JOSEPH  VAiNN. 


Department  or  War, 

February  2,  1833-. 

Gentlemen:  Your  letter  of  the  2Sth  ult.  was  received  to-day,  and  has 
been  submitted  to  the  President.  His  views  1  shall  proceed  to  commu- 
nicate to  you. 

I  have  already  said  to  you  in  conversation,  and  I  now  repeat  in  writing, 
that  the  President  looks  with  great  anxiety  and  solicitation  to  your  situation. 
Without  entering  into  any  historical  summary  of  the  events  which  have 
led  to  the  existing  state  of  things,  it  is  enough  for  our  present  purposes  to 
know  that  your  position  is  an  embarrassing  one,  and  that  a  change  is  called 
ibr  by  every  consideration  of  present  convenience  and  of  future  security.  And 


[  3S6  ]  10 

I  have  ko  hesitation  in  saying  that  the  Government  is  very  desirous  o-f 
entering  into  a  satisfactory  arrangement,  by  which  all  your  difficulties  will 
be  terminated,  and  the  prosperity  of  your  people  fixed  upon  a  permanent 
basis.  I  am  well  convinced,  however,  these  objects  can  only  be  attained  by 
a  cession  of  your  possessory  rights  in  Georgia,  and  by  your  removal  to  the 
country  west  of  the  Mississippi;  nor  can  I  foresee  any  cause  of  apprehen- 
sion, as  you  do,  that  such  removal  will  be  injurious  either  in  its  immediate 
or  remote  consequences.  A  mild  climate,  a  fertile'soil,  an  inviting  and  ex- 
tensive country,  a  government  of  your  own,  adequate  protection  against 
other  Indians  and  against  our  own  citizens,  pecuniary  means  amply  suffi- 
cient for  your  removal,  subsistence  and  comfortable  establishment,  and  for 
such  purposes  of  general  concern  as  may  appear  necessary.  All  these,  with- 
in the  limits  of  a  reasonable  expectation,  are  freely  offered  to  )rou;  and  I 
cannot,  therefore,  see  that  the  subject  presents  itself  in  the  melancholy  light 
in  which  \ou  view  it 

Immense  numbers  of  our  own  citizens,  if  similarly  situated,  would  be  happy 
to  accept  these  offers.  I  trust  you  will  on  reflection  come  to  the  conclusion 
that  the  course  now  indicated  is  not  only  the  best  for  your  people,  under 
the  circumstances  in  which  they  are  placed,  hut  that,under  much  more  pros- 
perous circumstances,  it  would  not  be  an  unfortunate  one. 

The  President's  message  to  the  Senate  of  February  22d,  1831,  has  been 
already  communicated  to  you.  That  message  entered  so  freely  into  the 
subject  of  the  existing,  relations  between  the  Indian  tribes  and  the  States 
in  which  they  reside,  that  any  further  answer  did  not  seem  necessary  to 
your  letter,  declining  to  accept  the  propositions  made  to  you  last  season. 

The  whole  views  of  the  Government  had  been  previously  made  known 
to  you,  and  nothing  could  have  been  gained  by  .continuing  the  correspond 
dence  after  your  positive  refusal  to  accept,  as  the  basis,  the  offers  which  have 
been  made  to  you. 

.Mr,  Chester,  as  you  correctly  state,  was  authorized  to  attend  your  council, 
and  to  communicate  the  wishes  of  the  department.  He  did  so,  but  the  re- 
sult was  fruilless. 

I  do  not  see  that  any  practicable  plan  could  be  adopted  by  which  the  re- 
versionary rights  held  under  the  State  of  Georgia  could  be  purchased  upon 
such  terms  as  would  satisfy  the  Government  in  entering  into  a  stipulation  to 
that  effect,  nor  would  it  at  all  remove  the  difficulties  and  embarrassments  of 
your  condition.  You  would  still  be  subject  to  the  laws  of  Georgia,  surround- 
ed by  our  settlements,  and  exposed  to  all  those  evils  which  have  always 
attended  the  Indian  race  when  placed  in  immediate  contact  with  the  white 
population.  It  is  only  by  removing  from  these  that,  you  can  expect  to  avoid 
the  fate  which  has  swept  away  so  many  Indian  tribes.  Certainly  some 
sacrifices  may  well  be  encountered  in  effecting  this  object;  but  I  trust  and 
believe  they  will  be  slight  and  temporary.  The  greatest  sacrifices  will  be 
made  by  those  of  your  people  who  are  the  most  intelligent,  and  have  made 
the  most  comfortable  provision  for  themselves  in  their  present  residence. 
To  the  great  body  of  your  tribe,  I  am  convinced  the  change  would  be  im- 
mediately beneficial.  Our  accounts  from  the  Cherokees  west  of  the  Missis- 
sippi are  most  e  icou  raging.  A  report  from  the  commission  now  in  that 
country  states  that  the  Cherokees  will  have  twenty- five  thousand  bushels  of 
corn  to  dispose  ot,  after  reserving  enough  for  their  own  consumption;  and 
that  their  condition  and  prospects  are  truly  fortunate. 

I  presume  that  each  of  the  individuals  composing  this  delegation  is  among 
the  small  portiou  of  the  tribe  which  is  comfortably  established  ip.  Georgia. 


11  [  386  ] 

1  may  appeal  to  their  better  feelings  whether  a  transfer  of  their  residence, 
essential  as  it  is  to  the  existence  of  their  people,  ought  not  to  be  cheerfully 
made  under  existing  circumstances;  whether  the  inducements  now  held 
out,  both  of  a  pecuniary  and  of  a  political  character,  are  not  sufficient  to  justify 
every  one  of  your  people  in  entering  into  the  arrangements  which  have 
been  proposed?  Certain  it  is,  that,  with  a  year's  subsistence  provided  after 
their  arrival  west  of  the  Mississippi,  and  with  the  other  aid  which  has  been 
promised,  there  is  not  a  Cherokee  of  mature  age,  and  in  a  state  of  health, 
who  could  not  provide  comfortably  for  his  support. 

You  request  me  to  inform  you  what  are  the  views  and  disposition  of  the 
President  relating  to  your  affairs?  1  do  not  know  that  I  can  answer  you 
this  question  more  fully  than  by  referring  you  to  the  propositions  already 
submit'ed  to  your  tribe  The  President  is  anxious  to  close  all  the  difficul- 
ties with  you,  to  provide  for  your  removal  and  establishment  in  the  west, 
and  to  stipulate  for  such  pecuniary  considerations  as  may  appear  to  be  just. 
All  this  has  been  fully  indicated  to  you;  and  I  am  instructed  to  say  thai  I 
am  prepared  to  enter  into  a  negotiation  with  you,  and  to  conduct  it  in  a 
spirit  of  liberal  justice,  and  with  a  strong  desire  that  it  may  terminate 
successfully 

With  respect  to  your  annuities,  I  would  observe  that  there  are  none  with- 
held from  you.  The  Government  has  engaged  to  pay  certain  annuities  to 
the  Cherokees.  Whether  these  shall  be  paid  to  persons  representing 'the 
tribe  or  to  the  individuals  composing  it,  as  the  treaties  do  not  provide,  the 
Government  is  at  liberty  to  determine.  It  has  long  been  the  practice,  in 
other  quarters  of  the  country,  to  pay  the  annuities  to  all  the  persons  who 
attend  to  receive  them,  looking  to  the  fund  as  a  joint  one,  to  be  divided  in 
equal  proportion  by  the  agents  of  the  Government,  who  can  thus  see  that 
there  is  a  just  distribution,  and  that  individuals  are  protected  in  their  rights 
who  could  not  protect  themselves.  This  practice  has  been  recently  extend- 
ed to  all  the  tribes,  and  the  President  sees  no  reason  why  it  should  be 
departed  from.  In  the  treaty  concluded  with  the  Creeks  in  this  place,  in 
March  last,  a  stipulation  was  inserted,  at  their  request,  that  their  annuities 
should  be  paid  in  such  manner  as  the  tribe  might  direct.  They  have  since 
directed  that  the  annuities  should  be  paid  to  the  chiefs,  and  they  have  so 
been  paid.  Such  a  provision,  if  you  wish  it,  might  be  inserted  in  any  ar- 
rangement entered  into  with  you. 

Your  inquiry  concerning  the  school  fund  under  the  treaty  of  1S19,  will 
be  answered  by  the  Commissioner  of  Indian  Affairs  as  soon  as  the  necessa- 
ry information  can  be  collected. 

In  conclusion,  permit  me  to  remark  that,  should  you  be  disposed  to  ac- 
cept, as  a  basis,  the  propositions  which  have  been  made  to  you,  and  to  enter 
into  an  arrangement  accordingly, I  must  request  that  the  necessarjMletails  may 
be  arranged  in  personal  interviews,  and  not  by  a  written  correspondence. 
My  time  is  so  occupied  that  I  cannot  adopt  the  latter  mode.  To  ex- 
pedite business,  I  am  willing  to  meet  you  any  evening,  and  to  discuss  the 
subject,  and  to  devote  every  evening  to  it  until  the  matter  is  finished. 
Very  respectfully,  I  am,  gentlemen, 

Your  obedient  servant, 

LEWIS  CASS. 

Messrs.  John  Ross,  R.  Taylor,  John 
F.  Baldridge.  Joseph  Vann. 


[  386  ]  12 

Brown's  Hotel, 
Washington  C;ty,  February  14,  1833. 

Sir:  Your7s,  rn  reply  to  ours  of  the  2Sth  ultimo,  communicating  the 
views  of  the  President,  has  heen  maturely  deliberated;  and,  in  duty  to  our 
nation,  we  feel  ourselves  bound  to  respond  to  the  same.  We  are  told  "that 
the  President  looks  with  great  anxiety  and  solicitation  to  our  situation;  that 
he  knows  our  position  is  an  embarrassing  one,  and  that  a  change  is  called 
for  by  every  consideration  of  present  convenience  and  future  security;  and 
that  the  Government  is  desirous  of  entering  into  a  satisfactory  arrangement, 
by  which  aM  our  difficulties  will  be  terminated,  and  the  prosperity  of  our 
people  fixed  upon  a  permanent  basis.  Yet  we  are  assured  that  you  are  well 
convinced  these  objects  can  only  be  attained  by  a  cession  of  our  possessory 
rights  in  Georgia,  and  by  our  removal  to  the  country  west  of  the  Mississippi; 
that  you  can  foresee  no  cause  of  apprehension,  as  we  do,  that  such  removal 
will  be  injurious  either  in  its  immediate  or  remote  consequences.  A  mild 
climate,  a  fertile  soil,  an  inviting  and  extensive  country,  a  government  of 
our  own,  adequate  protection  against  other  tribes  and  against  your  own 
citizens,  within  a  reasonable  expectation,  are  freely  offered  to  us:  you  can- 
not, therefore,  see  that  the  subject  presents  itself  in  the  melancholy  light  in 
which  we  view  it."  You  have  also  referred  to  the  President's  message  to 
the  Senate,  of  February  22d,  1831  to  show  his  views  on  the  subject  of  the 
existing  relations  between  the  Indian  tribes  and  the  States  in  which  they  re- 
side. In  reviewing  the  principles  upon  which  these  views  are  predicated,  we 
have  been  impelled  to  look  into  those  upon  which  the  primitive  and  con- 
ventional rights  of  the  Cherokee  nation  have  been  recognized  and  established 
by  the  solemn  acts  of  this  Government.  And  it  is  with  deep  regret  and 
great  diffidence  we  are  constrained  to  say  that,  in  this  scheme  of  Indian  re- 
moval, we  can  see  more  of  expediency  and  policy  to  get  rid  of  them 
than  to  perpetuate  their  race  upon  any  permanent  fundamental  principle. 
Were  it  possible  for  you  to  be  placed,  or  to  imagine  yourself  for  a  moment 
to  be,  in  the  peculiar  situation  in  which  we  stand,  with  the  existing  treaties 
and  laws,  and  the  subsequent  acts  of  the  Government,  all  before  your  eyes, 
you  cannot  but  see  and  feel  as  we  do.  It  is  impossible,  then,  for  us  to  see 
that,  by  a  removal  to  the  country  west  of  the  Mississippi,  all  our  difficulties 
would  be  terminated,  and  the  prosperity  of  our  people  fixed  upon  a  perma- 
nent basis. 

Would  not  a  removal  to  the  country  west  of  the  Mississippi,  upon  lands 
of  the  United  States,  by  the  Indian  tribes,  under  the  provisions  of  the  act 
of  Congress,  denationalize  their  character  as  distinct  communities?  By  what 
tenure  would  such  tribes  occupy  the  lands  to  be  assigned  to  them?  Is  not  the 
fee-simple  title  vested  in,  and  will  be  retained  by,  the  United  States?  What 
kind  of  a  government  of  their  own,  then,  is  it  designed  for  them  to  establish? 
And  how  is  it  possible  for  the  United  States  to  afford  them  more  adequate  pro- 
tection against  your  own  citizens  there  than  where  we  are?  These  ques- 
tions have  never  as  yet  been  definitively  settled  down  upon  any  fundamental 
law  of  Congress  that  we  know  of;  and  we  cannot  avoid  believing  that  the 
present  system  of  policy  towards  the  Indians  is  founded  upon  contingencies 
growing  out  of  the  interests  and  desires  of  the  States,  without  regarding 
the  permanent  prosperity  and  happiness  of  the  Indians.  We  intend  no  re- 
flection upon  the   Government  in   thus  frankly  communicating  our  views.; 


13  [  3«6  ] 

but  we  deem  it  essential  to  a  perfect  understanding  of  the  subject.  As  to 
the  climate,  soii,  an<!  extent  of  country,  to  which  you  have  alluded,  and 
the  future  prospects  of  the  Cherokees  who  are  living  there,  our  people  are 
correct  iy  informed  on  those  points  from  Dersonal  observations,  and  otherwise: 
withal,  they  have  no  wish  to  remove  there.  What,  then,  would  be  the 
consequence  of  a  whoie  nation  of  people,  driven  by  the  force  of  necessity  to 
leave  their  native  land  for  a  distant  one  in  a  strange  and  an  inhospitable 
region,  and  there  to  experience  the  sad  effects  -of  injured  disappointments? — 
to  what  source  could  they  seek  indemnity  for  their  injuries,  and  what  tri- 
bunal will  there  redress  their  wrongs?  For,  in  vain  will  our  nation  have 
appealed  to  the  protecting  arm  of  the  General  Government  to  fulfil  treaty 
obligations,  to  shield  our  suffering  people  against  illegal  encroachments;  and 
in  vain  will  your  supreme  judicial  tribunal  have  declared  a  verdict  in  favor 
of  our  nation  against  the  exercise  of  usurped  power  on  the  part  of  State 
authority. 

In  the  suggestion  which  we  took  the  liberty  to  submit  for  the  considera- 
tion of  the  President,  that  some  practicable  arrangements  might  be  entered 
into  between  the  United  States  and  Georgia  to  relieve  our  nation  of  its  pre- 
sent embarrassments,  we  had  entertained  no  doubt  that,  with  a  correspond- 
ing desire  on  the  part  of  the  General  Government,  such  an  arrangement 
could  be  effected;  and,  in  that  event,  that  Georgia  would  not  be  permitted 
to  subject  our  people  tothe  obedience  of  her  laws,  in  as  much  as  the  Supreme 
Court  of  the  United  States  itad  already  pronounced  the  exercise  of  her  ju- 
risuiction  over  our  territory  and  people  to  be  unconstitutional  and  void;  and 
we  are  at  a  loss  to  see  the  grounds  you  have  taken  in  arriving  at  the  opi- 
nion that  ,lwe  would  still  be  subject  to  the  laws  of  Georgia." 

We  .cannot  subscribe  to  the  correctness  of  the  idea  which  has  so  frequent- 
ly been  recurred  to  by  the  advocates  of  Indian  removal,  that  the  evils  which 
have  befallen  and  swept  away  the  numerous  tiibes  that  once  inhabited  the 
oh.  States  are  to  be  traced  to  the  mere  circumstance  of  their  contiguity  to  a 
white  population;  but  we  humbly  conceive  that  tne  true  causes  of  their  ex- 
tinction are  to  be  found  in  the  catalogue  of  wrongs  which  have  been  heap- 
ed upon  their  ignorance  and  credulity  by  the  superior  policies  of  the  white- 
man,  when  dictated,  by  avarice  and  cupidity.  You  appeal  to  our  better  feel- 
ings in  regard  to  the  situation  of  our  people,  and  suggest  that,  under  exist- 
ing circumstances,  some  sacrifices  may  well  be  encountered  in  removing 
from  a  contact  with  a  white  population  in  order  to  escape  the  fate  which 
has  swept  away  so  many  Indian  tribes  Should  the  doctrine  that  Indian 
tribes  cannot  exist  contiguously  to  a  white  population  prevail,  and  they  be 
compelled  to  remove  west  uf  the  States  and  Territories  of  this  republic, 
what  is  to  prevent  a  similar  removal  of  them  from  there  for  the  same  rea- 
son ?  We  can  only  plead,  let  equal  justice  be  done  between  the  red  and  the 
white  man;  and  that  so  long  as  the  faith  of  contracts  is  preserved  inviolate, 
there  will  be  no  just  cause  for  complaint,  much  less  for  aggressions  on  the 
rights  of  the  one  or  the  other;  and  that  so  far  as  our  (individual)  sense  of 
right,  justice,  and  honor,  will  dictate  to  us  a  course  to  meet  the  wishes,  the 
interest,  and  the  permanent  prosperity  and  happiness  of  our  nation,  that  no 
pecuniary  sacrifices  or  human  sufferings,  ever  so  great,  can  or  will  deter  us 
from  encountering  them. 

Contrary  to  treaty  stipulations,  and  the  intercourse  act  of  1S02,  there  are 
numerous  white  famil.ios  who  have  intruded  upon  the  lands  of  our  nation 


I  386  ]  14 

within  the  chartered  limits  of  the  several  adjoining  States;  and  the  repealed 
complaints  made  of  the  same  to  the  agent  have  not  heen  regarded,  and  the 
trespassers,  instead  of  being  removed,  have  greatly  increased  in  numbers, 
and  are  daily  multiplying.  We  are  constrained  to  bring  this  grievous  sub- 
ject before  the  department,  that  the  evil  be  corrected.  In  addition  to  these, 
there  are  others  who  threaten  to  overrun  and  dispossess  our  nation  of  its 
territory  under  the  sanction  of  State  authorities.  Under  the  assumption  uf 
the  right  to  exercise  jurisdiction,  it  is  known  that  Georgia  has  passed  legis- 
lative acts  to  survey  and  draw  a  lottery  for  the  occupation  of  our  lands,  and 
which,  in  part,  have  been  carried  into  effect;  and,  without  the  timely  inter- 
position of  this  Government,  will  doubtless  rob  us  of  our  lands.  Can  this 
be  permitted,  or  will  the  President  extend  the  constitutional  arm  of  the 
Government  to  save  us  from  this  impending  calamity?  His  determination 
upon  this  delicate  and  important  question  we  most  respectfully  solicit.  Also, 
if  we  are  to  understand  from  your  communication  that  the  propositions  sub- 
mitted through  Mr.  Chester,  and  which  have  been  rejected  by  the  General 
Council  of  our  nation,  as  containing  the  only  basis  upon  which  the  Govern- 
ment will  relieve  our  nation  of  the  injustice  of  State  oppressions.  On  the 
subject  of  our  annuities,  you  reply,  "that  none  are  withheld  from  us;"  that 
the  Government,  has  engaged  to  pay  certain  annuities  to  the  Cherokees, 
whether  these  are  to  be  paid  to  persons  representing  the  tribe,  or  the  indi- 
viduals composing  it,  as  the  treaties  do  not  provide.  The  Government  is 
at  liberty  to  determine.  The  view  you  have  taken  of  this  subject  is  at 
Variance  with  the  true  intent  and  meaning  of  those  treaties,  as  all  the 
former  practice  of  the  Government  in  relation  thereto  will  show. 

The  United  States  of  America,  through  their  commissioner  plenipotentia- 
ry, entered  into  certain  treaties  with  the  chiefs,  headmen,  &c,  of  the  Cher- 
okee nation,  who  were  duly  authorized  and  empowered  by  said  nation;  and, 
in  consideration  for  sundry  cessions  of  lands,  there  are  certain  annuities  sti- 
pulated in  those  treaties  to  be  paid  to  the  Cherokee  nation.  And  the  usual 
practice  of  the  Government  in  paying  those  annuities  has  always  been 
through  the  United  States'  agent  to  the  authorities  of  the  Cherokee  nation, 
and  by  them  disposed  of  as  the  Legislative  Council  thereof  think  fit  to  direct 
for  the  public  welfare.  Upon  the  complaints  of  certain  discontented  chiefs 
of  the  upper  Cherokee  towns  to  the  Government,  Mr.  Jefierson,  the  then 
President  of  the  United  States,  on  the  4th  day  of  May,  1808,  spoke  to  them 
in  writing  thus — "  You  complain  that  you  do  not  receive  your  proportion 
of  the  annuities  we  pay  your  nation;  that  the  chiefs  of  the  lower  towns  take 
for  them  more  than  their  share.  My  children,  this  distribution  is  made  by 
the  authority  of  the  Cherokee  nation,  and  according  to  their  own  rules, j 
over  which  toe  have  no  control*  We  do  our  duty  in  delivering  the  annui- 
ties to  the  headmen  of  the  nation,  and  we  pretend  to  no  authority  overj 
them:  to  no  right  of  directing  how  they  are  to  be  distributed." 

For  the  last  thirteen  years  the  Cherokee  nation  have  had  a  treasurer,  and  J 
into  whose  hands  the  annuities  have  been  paid  by  the  agents  of  the  Unitedl 
States;  and,  for  the  faithful  performance  of  the  duties  assigned  to  his  office, J 
the  treasurer  has  executed  a  bond,  with  ample  securities,  in  the  penal  sum  of 
fifty  thousand  dollars.  The  annuities  due  for  the  two  last  years  the  agent 
has  refused  to  pay  them  over  to  the  treasurer  as  usual,  notwithstanding  th< 
written  request  of  the  great  mass  of  our  people  to  do  so. 

And  upon  his  failing  to  induce  the  individuals  of  our  nation  to  accept  ol 
this  money  agreeably  to  the  direction  of  the  department,  these  annuities 


15  [  386  ] 

nave  since  been  deposited  in  the  United  States'  Branch  Bank  at  Nashville, 
to  the  credit  of  the  Treasurer  of  the  United  States.  Under  these  circum- 
stances we  felt  justified  in  saying  that  our  annuities  are  withheld  from  us. 
Since  the  unconstitutional  proceedings  of  Georgia  towards  our  nation,  our 
public  expenses  have  greatly  increased;  consequently  debts  have  been  in- 
curred, for  the  payment  of  which  the  faith  of  our  nation  stands  pledged.  And 
we  trust,  that  the  President  will  see  in  this  good  reason  for  directing  the 
annuities  to  be  paid  over  to  us  as  heretofore;  for  we  can  see  no  possible  ad- 
vantage in  the  Government  controlling  the  application  of  these  annuities 
contrary  to  the  interest  and  desire  of  our  nation,  when  they  constitute  a  debt 
from  the  United  States  to  the  Cherokee  nation;  no  complaints  having  been 
made  to  the  Government  by  our  nation  against  the  dishonesty  or  misappli- 
cation of  this  annuity  stipened  by  our  own  constituted  authorities.  On  the 
contrary,  they  have  required  the  agent  to  pay  it  over  as  usual;  and,  without 
intending  any  reflection,  we  feel  justified  in  saying  that  the  Cherokee  peo- 
ple feel  as  much  respect  for,  and  have  as  great  confidence  in  the  justice  and 
integrity  of  their  own  public  men,  as  they  can  possibly  entertain  towards 
the  public  agents  of  this  Government  in  their  nation. 
With  great  respect, 

We  have  the  honor  to  be, 

Sir,  your  obedient  servants, 

JOHN  ROSS. 

R  TAYLOR. 

JNO,  F.  BALDRIDGE, 

JOS.  VANN. 
Hon.  Lewis  Cass,  Secretary  of  War. 


Department  or  War, 

February 20  th,  183S. 

Gentlemen  :  I  have  received  your  letter  of  the  14th  inst.,  but  having,  as 
already  explained  to  you,  but  little  time  to  continue  a  correspondence  promis1- 
ing  no  useful  result,  I  must  be  brief  in  my  answer. 

All  the  considerations  connected  with  your  situation  and  prospects  have 
been  so  long  and  so  much  discussed,  that  it  seems  wholly  unnecessary  to  re- 
new the  subject.  So  far  as  regards  the  question  specifically  stated  by  you  re- 
specting the  political  situation  you  would  occupy  west  of  the  Mississippi,  the 
tenure  of  the  lands,  the  kind  of  government,  &c,  you  will  find  in  the  papers 
heretofore  communicated  from  this  department  satisfactory  explanations  ;  and 
any  thing  further  that  may  be  necessary  shall  be  frankly  stated  in  any  per- 
sonal interviews,  should  there  be  a  prospect  of  a  satisfactory  adjustment  of 
the  affair. 

You  are  fully  aware  of  the  President's  views  of  his  constitutional  duty. 
He  considers  that  he  has  no  right  to  arrest  the  laws  of  Georgia  within  the 
limits  of  that  State,  nor  can  he  take  any  measure  to  procure  such  a  result. 

Any  possessory  right,  independent  ol  jurisdiction,  which  you  may  claim,  does 
not  fall  within  the  provisions  of  the  intercourse  act  of  1S02,  and  its  supple- 
ments, and,  consequently,  does  not  present  a  case  within  the  authority  of 
the  President  to  determine. 

I  have  nothing  to  add  on  the  subject  of  the  annuities,  but  that  the  PresU 
client's  views  are  unchanged. 


[  986   ]  10 

I  will  add  that  I  should  be  very  glad  to  meet  you,  and  to  discuss  this  sub- 
ject, in  the  confident  hope  ihat  an  arrangement  may  be  made  which  will  be 
satisfactory  to  your  people,  and  terminate  all  the  difficulties  in  which  they 
are  now  involved. 

Very  respectfully,  I  am, 

Gentlemen,  your  obedient  servant, 

LEWIS  CASS. 
Messrs.  John  Ross,  R.  Taylor,  J,  F.  Bat,- 

dkidgkj  and  Joseph  Vann. 


Department  of  War, 

Office  Indian  Affairs,  February  \Aih,  1833. 

Gentlemen  :  In  answer  to  that  part  of  your  communication  of  the  28th 
lilt,  addressed  to  the  Secretary  of  War,  and  by  him  referred  to  this  office,  I 
have  the  honor  to  state,  that,  of  the  Cherokee  land  reserved  by  the  treaties  of 
the  25th  of  October,  1805,  and  the  27th  of  February,  1819,  and  ceded  to  the 
United  States,  in  trust,  for  the  Cherokee  nation  as  a  school  fund,  there  have 
been  sold  29,828-j^  acres,  as  appears  from  the  returns  made  from  the  land 
office  at  Huntsvilie,  and  that  the  proceeds  of  sale  amounted,  on  the  3 1st  of 
December  last,  to  $45,230  62,  according  to  information  received  from  the 
Commissioner  of  the  General  Land  Office  ;  which  sum  is  nt>w  in  the  Trea- 
sury of  the  United  States,  and  will  be  vested,  and  the  dividend  or  interest 
thereof  will  be  appropriated,  pursuant  to  the  4th  article  of  the  said  treaty  of 
the  27th  February,  1819. 

•  I  am  gentlemen,  with  high  respect, 

Your  humble  servant, 

ELBERT  HERRING. 
John  Ross,  Esq.,  and  Others, 

Cherokee  Delegation,  Brown's  Hotel. 


Washington  City,  March  8th,  1833. 

Sir:  The  subject  of  intrusion  on  the  lands  of  the  Cherokee  nation  by  the 
citizens  of  the  United  States,  as  you  well  know,  is  a  fruitful  source  of  un- 
pleasant complaints-  The  injuries  sustained  by  our  citizens  from  this  un- 
lawful practice  within  the  chartered  limits  of  Georgia,  North  Carolina,  Ten- 
nessee, and  Alabama,  have  been  great,  and  are  daily  increasing.  And  not- 
withstanding we  have  been  so  repeatedly  assured  by  the  department  that  the 
intruders  would  be  removed  from  our  lands  by  virtue  of  the  intercourse 
act,  where  the  State  laws  did  not  interfere  with  the  exercise  of  authority  on. 
the  part  of  the  General  Government-  yet  strange  as  it  seems  to  be,  it  is  never- 
theless true  that  these  complaints  have  not  been  made  to  cease  by  any  effec- 
tual order  from  the  department  to  the  agent.  However,  when  we  reflect 
and  see  that  the  agent  (Col.  Montgomery,)  has  himself  countenanced  and 
permitted  his  own  son-in-law,  Jno  Hardwick,  to  reside  in  the  nation,  and 
cultivate  Cherokee  lands  in  the  vicinity  of  the  agency,  regard- ss  to  'he  re- 
monstrances of  our  General  Council;,  it  is  a  circumstance  not  so  much  to  be 


17  f  386  ] 

wondered  at,  that  he  should  indulge  other  intruders  who  have  only  followed 
the  example  of  his  son -in-law.  From  recent  information  there  are  many 
white  families  who  have  removed  into  the  nation,  and  are  now  intruding  on 
■our  Imds  within  the  chartered  limits  of  Tennessee.  To  these  facts  we 
would  respectfully  call  the  attention  of  the  department,  and  urge  that  a 
speedy  arid  effectual  order  he  given  for  their  immediate  removal.  Should 
you  feel  disposed  to  ascertain  from  other  sources  the  truth  of  what  we  have 
stnted  in  relation  to  the  conduct  of  the  agent,  and  the  situation  of  John 
Hardwick,  we  would  respectfully  refer  you  to  Capt.  Day  and  Lt.  Dancey, 
the  disbursing  officers  who  were  lately  stationed  at  the  agency.  We  take 
leave  further  to  state,  that  there  are  some  individual  claims  for  improve- 
ments abandoned  on  the  lands  ceded  by  the  treaties  of  1S17  and  1^19- 
which  have  never  been  valued  and  reported  upon  by  the  assessing  agents. 
We  would  therefore  request  that  you  will  authorize  and  direct  the  agent,  or 
some  other  person,  to  have  said  claims  collected  and  reported  upon  to  the 
department,  thai  the  claimants  may  receive  their  just  compensation  for  their 
improvements  agreeably  to  the  stipulation  of  the  aforesaid  treaties. 
We  are,  very  respectfully,  sir, 

Your  obedient  servants, 

JNO.  ROSS. 

RICHARD  TAYLOR. 

JNO    F.   BALD  RIDGE. 

JOSEPH  VANN. 
The  Hon.  Lewis  Cass,  Sec*ry  of  War. 


Department  op  War, 
Office  of  Indian  Affairs.  March  ^4,  1833. 

Sir:  Your  letter  of  the  8th  instant,  addressed  to  the  Secretary  of  War,  o» 
the  subject  of  intrusion  on  Cherokee  land  by  white  citizens,  has  been  refer- 
red to  this  office  for  reply. 

It  cannot  be  denied  that  your  complaints  are  well  founded,  and  that  your 
people  have  sustained  injuries  from  the  rapacity  and  lawless  conduc  of  bur 
citizens.  It  is,  however,  in  some  degree  an  unavoidable  evil  incident  to 
the  present  condition  of  your  tribe,  and  no  blame  is  fairly  attributable  to  the 
department  on  that  account.  It  is  due  to  the  Secretary  of  War  to  say,  that 
so  soon  as  he  received  notice  of  intruders  having  presented  themselves  on 
your  land,  he  gave  orders  for  their  expulsion. 

These  orders  will  now  be  repeated,  and  a  military  force  will  forthwith, 
be  despatched  to  the  assailed  parts  of  your  country  for  the  purpose  of  ex- 
pelling and  keeping  off  intruders.  And  orders  will  also  be  given  to  the. 
district  attorney  of  the  United  States  to  prosecute  for  trespass  all  such  as 
may  dare  to  return  after  their  expulsion.  You  cannot  consider  it  a  mis- 
placed assurance,  and  it  is  made  with  the  utmost  sincerity,  that  the  depart- 
ment cherishes  deep  solicitude  for  the  welfare  of  your  nation,  and  will,  to 
the  extent  of  its  power,  endeavor  to  promote  it. 

With  high  respect,  your  humble  servant, 

ELBERT  HERRING. 

To  Messrs.  Ross  and  Others,  Cherokee  Delegates. 

(Q^This  letter  was  forwarded  by  mail,  and  directed  to  "John  Ro«T 
esq.,  principal  chief  of  the  Cherokees,"  Head  of  Coosa.  Georgia. 


[  386  ]  18 

Head  of  Coosa,  Cherokee  Nation, 

May  22,  1833. 

Sir:  In  pursuance  of  a  resolution  of  the  General  Council,  which  termi- 
nated its  session  on  the  20th  instant,  at  Red  Clay,  1  hasten  to  transmit  you 
herewith,  for  the  information  of  the  President,  certain  resolutions  adopted 
by  the  council  as  an  expression  of  its  sentiments  on  the  public  affairs  of 
this  nation.  In  laying  them  before  the  President,  you  will  please  to  per- 
mit me,  through  you,  io  assure  him  that  the  peace  and  happiness  of  the 
Cherokee  people  requires  repose  by  removing  the  perplexing  difficulties 
which  have  so  long  disturbed  their  welfare;  and  that  whilst  a  course  of  irri- 
tating excitement  is  kept  up,  the  distresses  of  the  nation  maybe  increased, 
but.  yet,  it  is  evident  that  the  object  desired  to  be  attained  can  never  be 
realized  by  the  observance  of  it.  Should  the  reasonable  expectation  of 
the  council  be  favorably  regarded  by  the  President,  and  all  further  pro- 
ceedings suspended,  he  may  rest  assured  that  no  effort  on  my  part  shall  be 
wanting,  in  co-operating  with  the  proper  authorities  of  this  nation,  for  the 
adoption  of  measures  with  the  view  to  a  final  termination  of  all  difficulties. 
To  ensure  a  cairn  deliberation  upon  this  important  subject,  it  is  indispensa- 
bly necessary  that  harmony  and  tranquillity  should  prevail  among  the  peo- 
ple. You  will  therefore  please  to  communicate  to  me  the  determination  of 
the  President  on  the  subject  as  soon  as  convei  ient. 

I  have  the  honor  to  be,  sir, 

Your  obedient,  humble  servant, 

JOHN   ROSS. 
To  the  honorable  Lewis  Cass, 

Secretary  of  War. 


"Whereas  the  several  communications  embracing  the  correspondence 
between  the  late  delegation  to  Washington  and  the  honorable  Secretary  of 
War  in  reference  to  the  public  affairs  of  this  nation,  having  been  read  in 
General  Council,  and  the  principal  chief  having  fully  stated,  (in  the  pre- 
sence of  said  delegation,)  the  several  conversations  had  with  the  President 
and  Secretary  on  this  subject;"  the  following  resolutions  be,  and  are 
hereby,  adopted  as  an  expression  of  the  sentiments  of  the  council  in  rela- 
tion thereto t 

Resolved  by  the  committee  and  council  in  General  Council  convened. 
That  the  position  maintained  by  the  delegation  in  the  support  of  the  rights 
of  this  nation  be,  and  is  hereby,  approved. 

Resolved,  That  the  council  view  with  regret  the  evasive  and  unsatisfac- 
tory manner  in  which  the  honorable  Secretary  has  replied  to  the  seveial 
subjects  introduced  before  him  by  the  delegation.  The  question  of  our  na- 
tional rights  having  been  so  clearly  recognized  and  established  by  every 
department  of  the  General  Government,  and  as  denned  by  various  sub- 
sisting treaties,  laws  enacted  in  the  spirit  of  those  treaties,  and  decisions  of 
the  Supreme  Court  of  the  United  States,  the  Cherokee*  cannot  but  feel, 
with  deep  regret  and  sensibility,  the  evil  consequences  arising  from  the  op- 
pressions by  State  authorities,  and  the  entire  suspension  of  fulfilment, oa 
the  part  of  the  Government,  of  those  solemn  pledges  so  repeatedly  made 
for  their  protection. 


19  [H86] 

Resolved,  That,  under  existing  circumstances,  the  nation  is  in  a  state  of 
duress,  and  that;  until  removed,  it  cannot  properly  exercise  that  freedom  of 
deliberation  and  action  so  desirable  and  necessary  for  the  final  termination 
of  present  difficulties;  and  being  convinced  that  the  country  west  of  the 
Mississippi,  to  which  the  Government  has  invited  the  removal  of  the  na- 
tion, is  such  as  cannot  better  the  future  prospects  and  welfare  of  the  Chero- 
kees  as  a  nation,  under  the  present  unsettled  policy  of  the  Government  in 
relation  to  the  Indian  tribes  ;  and  should  they  be  compelled  by  the  force  of 
circumstances,  contrary  to  every  principle  of  justice  and  humanity,  to 
leave  the  "land  of  their  fathers,"  the  council  can  determine  no  other  al- 
ternative promising  relief  than  a  removal  beyond  the  limits  of  the  United 
States;  but  having  confidence  yet  in  the  good  faith  of  the  Government  of 
the  United  States,  and  no  desire  to  remove  west  of  the  Mississippi,  nor  to 
leave  the  limits  of  the  United  States,  and  being  solicitous  to  have  a  speedy 
termination  of  present  difficulties: 

Resolved,  Tnat  the  basis  and  terms  of  the  late  propositions  offered  by 
the  Government  being  objectionable,  and  aware  of  the  limited  powers  of 
the  President,  it  is  deemed  inexpedient  for  the  nation,  at  present,  to  deter- 
mine, as  a  final  resort,  that  course  necessary  to  be  pursued,  until  some  fur- 
ther action  of  the  ensuing  Congress  in  relation  to  this  important  matter. 

Be  it  further  resolved,  That  if  the  President  will  cause  all  further  ille- 
gal proceedings  on  the  part  of  Georgia  and  Alabama  to  cease  within  the 
limits  of  this  nation,  and  will  suspend  further  proceedings  through  the 
agents  of  the  Government,  the  proper  authorities  of  this  nation,  with  a 
view  to  the  final  termination  of  all  difficulties,  will  adopt  such  measures  as 
will  bring  before  the  General  Government,  at  the  next  session  of  Congress, 
this  subject,  upon  such  fair  and  honorable  principles  as,  in  their  opinion, 
justice  and  magnanimity  will  not  fail  to  sanction. 

Be  it  further  resolved,  That  the  principal  chief  be,  and  he  is  hereby, 
requested  to  transmit  a  copy  of  the  foregoing  resolutions  to  the  honorable 
Secretary  of  War  for  the  information  of  the  President  of  the  United 
States. 

In  General  Council,  Red  Clat,  C.  N.,  May  20,  1833. 

RICHARD  TAYLOR,  Pt.  Commit  tee. 

Concurred:  GOING  SNAKfi],  Speaker  Council. 

Approved:  JOHN  ROSS,  PL  Chief. 

Wm.  Rogers,  Clk.  Committee. 
A.  McCoy,  Clk.  Council. 


Department  of  War,  June  20,  IS 33. 

Sir:  I  am  instructed  to  inform  you  that  your  letter  of  the  22d  ultimo 
has  been  Teceived  and  sub.nitted  to  the  President.  The  President  consi- 
ders it  useless  to  continue  any  further  correspondence  on  the  subject  of  the 
Cherokee  difficulties.  Neither  in  the  propositions  you  have  transmitted, 
nor  in  the  spirit  in  which  they  are  dictated,  does  he  see  any  hope  of  a 
change  in  the  councils  nd  conduct  of  those  who  have  obtained  an  ascen- 
dancy over  the  unbapp    Cherokee  people.     The  terms  already  offered  are 


[  386  ]  QQ 

extremely  liberal;  and  it  is  believed  they  are  satisfactory  to  the  citizens 'of 
the  United  States*  and  would  be  so  to  the  Cherokees,  were  they  permitted 
to  exercise  their  own  judgment  in  the  matter.  No  essential  alterations  will 
be  made  in  them,  and,  if  the  event  rs  unforlunate  for  your  people,  the  fault 
must  rest  with  those  who  have  acquired  their  confidence,  and  now  mislead 
them.  Very  respectfully,  I  am,  sir, 

Your  obedient  servant, 

«     JOHN  ROBB, 
Acting  Secretary  of  Wan- 
To  Mr.  John  Ross,  Head  of  Coosa, 

Cherokee  Nation,   Georgia. 


TO    ALL    WHOM    IT    MAY    C0»Cjff3N: 

Be  it  known,  that  John  Ross,  principal  chief  of  the  Cherokee  nation,, 
Richard  Taylor,  Daniel  McCoy,  Hair  Conrad,  and  John  Timson,  have  been 
nominated,  and  are  hereby  constituted  and  appointed,  as  delegates  to  re- 
present said  nation  on  a  mission  before  the  Government  of  the  United 
States  at  Washington  city,  at  the  next  session  of  Congress,  on  all  subjects 
touching  the  rights  and  interest  of  the  same,  with  the  view  of  inducing  said 
Government  to  act  and  decide,  finally,  upon  the  grievances  of  this  nation 
growing  out  of  the  proceedings  of  the  adjoining  States  in  violation  of  exist- 
ing treaties.      Given  under  our  hands  in  General  Council,  at  Red  Clay,  this 


thirty-tirst  day  of  October,  1833. 

George  Still, 
George  Blair, 
Hair  Conrad, 
J,  F.  Baldridge, 
Old  Fields, 
Richard   Fields, 
James  Daniel, 
Wm»  Rogers,  Clerk  to  Committee. 


James  Spears, 
Young  Glass, 
Chunekah, 
The  Bark, 
A.  Campbell, 
E.  Duncan, 
Walking  Stick, 
"White  Path, 
John  Watts, 
Sleeping  Rabbit, 
George  Chambers, 


RICHARD  TAYLOR, 

President  of  the  Committee* 

William  Boling, 
Thomas  Foreman 
Joseph  Vann, 
David  Vann, 
John  Timson, 
Saml.  Gunter, 


^ 


!  i 
I* 


GOING  SNAKE, 

Speaker  of  Council 

Tah  quoh, 

Soft  Shell  Turtle, 

Bean  Stick, 

Tesataskee, 

James  Foster, 

Chuwalookee,  y 

Charles, 

John  Wayne, 

Situakee, 

Peter,  and 

Sweet  Water, 

GEORGE  LOWRY, 
Jisssistant  Principal  Chief. 

GKO.  M.  WATERS, 

MAJOR  RIDGE, 

Executive  Council, 


> 


A.  McCoy,  Clerk  to  Council. 


21  [  386  ] 

In  General  Council  at  Red  Clay,  C.  N., 

October  31,  1833. 

Sir:  We  take  occasion  to  report  through  you,  for  the  information  of  the 
President  of  the  United  States,  that  Mr.  John  Ross,  the  principal 
chief  of  this  nation,  together  with  Messrs.  Richard  Taylor,  Daniel 
McCoy,  Hair  Conrad,  and  John  Timson,  are  delegated  to  represent  this 
nation  on  a  mission  before  the  Government  of  the  United  States  at  Wash- 
ington city,  at  the  next  session  of  Congress,  "  on  all  subjects  touching  the 
rights  and  interest  of  the  same,  with  a  view  to  a  final  termination  of  existing 
difficulties;"  and,  in  order  to  meet  the  expenses  of  said  delegation,  we 
call  upon  you  to  pay  over  to  Richard  Taylor  the  sum  of  thirty-five  hundred 
dollars  out  of  the  annuities  due  to  this  nation  by  treaties  with  the  United 
States;  and  his  receipt  for  the  same  will  be  your  sufficient  voucher. 
Very  respectfully, 

Your  obedient  servant, 
[Signed  by  the  President  of  the  Committee,  and  Speaker 
of  Council,  and  members  thereof  .\ 
Wm.  Rogers,  Clerk  Committee. 
\.  McCoy,  Clerk  Council. 
To  CoHI.ugh  Montgomery,    United  Slates'  rfgent. 


Red  Clay,  C.  N.,  October  31,  1S33. 

Sir:  You  will  please  to  report  the  within  communication  to  the  War  De- 
partment, for  the   information  of  the  President,   without  delay.      It  is  ex- 
pected that  the  delegation   will  meet  at  the  agency   on   the   20th  day   of 
December  next  on  their  journey  to  the  seat  of  the  General  Government. 
Very  respec  fully, 

Your  obedient  servant, 

JOHN  ROSS. 
To  Col.  Hugh  Montgomery, 

United  States'  Agent. 


Cherokee  Agency,  December  21,  1S33. 

Sir:  On  the  reception  of  the  resolution  of  the  Cherokee  Council,  I  im- 
mediately enclosed  it  to  Mr.  Herring,  Commissioner  of  Indian  Alfa irs,  for 
instructions  in  relation  to  the  requisition  for  three  thousand  five  hundred 
dollars,  out  of  the  annuity  due  to  the  Cherokees,  to  pay  the  expenses  of  the 
delegation;  and  by  the  last  mail  I  received  his  answer,  directing  me  to  in- 
form you  that  the  request  of  the  Council  to  pay  Mr.  Taylor,  one  of  the 
delegation,  three  thousand  five  hundred  dollars  out  of  the  annuity  money 
due  your  nation,  could  not  be  granted. 

I  also  received  by  the  same  mail  a  letter  from  the  Secretary  of  War,  di- 
recting me  to  inform  you  that  if  you  will  furnish  me  with  a  written  authority 
from  your  people  to  treat  with  the  Government  upon  the  principles  which 
have  heretofore  been  made  known  to  them  by  him,  and  will  state,  in  writing. 


[  38C.  ]  £2 

your  determination  to  do  so,  and  will  then  proceed  to  Washington  and 
form  a  treaty  accordingly,  that  your  expenses  will  be  paid  by  the  United 
States. 

Very  respectfully, 

Your  obedient  servant, 

HUGH  MONTGOMERY. 
To  Mr.  John  Ross, 

Principal  Chief  Cherokee  Nation. 


Washington  City,  Brown's  Hotel, 

February  6,  1834, 

Sir:  Soon  after  our  arrival  in  this  city,  we  had  the  honor  of  laying  be- 
fore you  our  credentials  from  the  Cherokee  nation,  and  since  that  time  they 
have  also  been  laid  before  the  President 

Under  your  permission  and  direction,  the  Commissioner  of  Indian  Af- 
fairs read,  for  our  information,  some  of  the  reports  made  tc  the  Department 
by  Benjamin  F  Curry,  the  superintendant  of  the  enrolling  and  emigration 
business  in  our  country;  and  it  is  with  regret  we  are  compelled  to  state 
that  there  are  some  things  communicated  in  those  reports  respecting  the  au- 
thorities of  the  nation,  and  the  general  feeling  of  the  Cherokee  people,  which 
are  grossly  incorrect,  and  calculated  to  mislead  the  minds  of  the  high  offi- 
cers of  this  Government,  and  to  produce  a  conviction  prejudicial  to  the 
character  of  some  of  the  chiefs;  and  perhaps  it  is  owing  to  an  impression 
thus  pi  cluced  that  the  department  felt  justified  in  directing  the  reply  which 
was  communicated  through  Mr,  Robb,  on  the  20th  of  June  last,  to  the  let- 
ter of  the  principal  chief  of  the  22d  May,  18:33,  transmitting  the  resolu- 
tions of  the  General  Council.  We  have  no  motive  to  mislead  our  people, 
much  less  to  deceive  them.  Our  motives  are  influenced  by  higher  consi- 
derations— the  welfare  and  happiness  of  our  people;  and  no  man  who  re- 
spects his  own  character  can  rightfully  call  them  in  question. 

It  is  true  that  we  have  openly  opposed  the  policy  of  the  Government 
for  the  removal  of  our  nation  beyond  the  grea:  river  Mississippi,  because 
our  people  were  violently  opposed  to  the  measure,  and  it  was  thought  that 
their  best  interests  would  be  sacrificed  by  removing;  At  the  same  time, 
we  believed  that  the  faith  of  the  United  States  was  as  strongly  pledg' d  for 
the  protection  of  our  national  rights  as  it  was  possible  for  treaty  tn  bind 
it;  and  relying,  as  we  did,  on  the  justice  ;md  magnanimity  of  the  United 
States,  to  fulfil  those  engagements,  we  could  not  hesit  te  as  to  'he  course  to 
pursue.  Unfortunately,  however,  a  difference  of  opinion  arose  between 
the  President  of  the  United  States  and  the  Cherokee  nation,  which  llhcited 
conflicting  arguments  upon  the  question  at  issue;  and,  finally,  the  decision 
made  by  the  Judicial  Department  of  this  Government  upon  that  important 
question  was  too  well  known  to  the  country  to  have  escaped  the  notice  of 
the  Cherokee  people;  yet  they  have  experienced  no  relief  from  the  deci- 
sion of  that  grave  question.  On  the  contrary,  they  have  painfully  wit- 
nessed and  felt  the  sad  effects  of  the  oppressive  power  exercised  towards 
them  by  the  State  of  Georgia,  whose  legislation  in  the  first  place  divested 
them  of  their  national  righ's  and  privileges;  secondly,  of  enjoying  the  com- 
mon rights  of  freemen;  thirdly,  ot  their  public  domain;  and,  finally,  of  the 


23  [  386  ] 

individual  right  in  the  soil  of  their  fathers,  which,  by  their  own  labor  and" 
industry,  they  have  improved  and  cultivated.  The  right  of  property  and 
e^'en  the  life  of  the  Cherokee,  is  placed  in  jeopardy,  and  are  at  the  mercy 
of  the  robber  and  the  assassin.  By  these  acts,  the  citizen  of  Georgia  is  licensed 
to  come  into  immediate  collision  with  the  Cherokee  individual,  by  violence 
if  he  chooses,  for  any  and  every  thing  that  is  sacred  to  the  existence  of  man 
upon  earth;  and  the  Cherokee  is  denied  the  right  of  appearing  before  the 
sanctuary  of  justice  created  by  law  for  the  redress  of  wrongs.  Without 
further  remarks  on  this  subject,  we  enclose  you  herewith  a  late  act  of  ihe 
Legislature  of  Georgia  as  published  in  the  public  papers  of  that  State  for 
the  information  of  the  President.  We  remember,  and  look  to  the  declara- 
tions of  the  President  on  a  former  occasion,  in  reference  to  the  question  of 
protection  in  the  right  of  occupancy  to  the  lands,  and  would  respectfully 
call  his  attention  for  relief  against  the  operation  of  the  act  herewith  sub- 
mitted. We  now  stand  before  the  American  Government  as  representa- 
tives of  the  Cherokee  nation,  with  the  view  of  inducing  said  Government 
to  act  and  decide  finally  upon  the  grievances  of  the  nation:  and  permit  us  to 
assure  you  that  the  resolutions  which  were  adopted  by  the  General  Council 
at  Red  Clay,  on  the  20th  of  iVJay  last,  and  transmitted  for  the  considera- 
tion of  the  President,  contains  the  true  sentiments  of  the  nation.  Under 
existing  circumstances,  the  questions  now  presented  for  determination  are, 
whether  the  existing  treaties  between  the  United  States  and  the  Cherokee 
nation  will  never  be  enforced?  And,  if  not,  whether  we  are  to  be  regarded  as 
free  agents  in  the  adoption  of  any  arrangement  for  the  termination  of  existing 
difficulties?  We  have  received  complaints  from  a  source  entitled  to  respect, 
since  our  arrival  here,  that  the  United  States'  surveyors,  who  are  engaged  in 
the  survey  of  the  lands  ceded  by  the  Creek  nation  to  the  United  States  in 
Alabama,  bordering  on  our  boundary,  have,  or  are  about,  to  infringe,  upon 
our  territory  by  extending  their  surveys  into  our  country  north  of  the 
line  established  between  the  two  nations;  and  thereby  many  Cherokee 
families  are  likely  to  be  injured  and  turned  out  of  doors.  Against  this  wan- 
ton proceeding,  we  would  most  solemnly  protest,  and  respectfully  call  the 
immediate  attention  of  the  President  to  the  subject. 
With  great  respect, 

Wc  have  the  honor  to  be,  sir, 

'Yowr  obedient  servants, 

JOHN  ROSS. 

R.  TAYLOR. 

DANIEL  McCOY 

HAIR  CONRAD. 

JOHN  TIM  SON. 
To  the  Hon.  Lewis  Cass,  Sec'ry  of  War. 

War  Department,  February  13,  1534. 

Gentlemen:  I  have  received  your  letter  of  the  6th  instant,  and,  iu 
answer,  have  to  inform  you  that  so  far  as  the  constitutional  power  of  the 
President  extends,  he  has  felt  it  his  duty  faithfully  to  comply  with  all  the 
obligations  which  the  United  States  have  incurred  by  treaty  with  any  oi 
the  Indian  tribes. 

It  seems  to  be  useless  at  this  time  t§  review  the  discussions  which  have 


[  3S6  ]  24 

heretofore  taken  place  between  your  people  and  this  department.  I  am  sat- 
isfied that  no  practical  advantage  would  result  from  such  a  course.  You 
are  perfectly  aware  of  the  views  which' the  President  has  taken  of  his  own 
duty;  nor  is  there  any  probability  of  these  undergoing  the  slightest  change. 
The  only  remedy  which  I  see  .for  any  inconveniences  under  which  you 
labor,  will  be  found  in  the  acceptance  of  the  propositions  heretofore  made 
j-ou  on  the  part  of  the  Government.  These  propositions  are  of  the  most 
liberal  character,  and,  if  accepted,  would  place  your  people  in  afar  better 
situation  than  they  have  been  in  for  many  years,  or  than  otherwise  they 
ever  can  be. 

There  is  no  intention  whatever  to  encroach  on  your  possessions  in  Ala- 
bama ;  and  1  have  transmitted  to  the  Commissioner  of  the  General  Land 
Office  an  extract  from  that  part  of  your  letter  which  relates  to  this  subject. 
If  any  error  has  occurred,  the  Commissioner  has  power  to  apply  the  proper 
remedy,  and  I  have  no  doubt  but  he  will  do  it. 
Very  respectfully, 

Your  most  obedient  servant, 

LEWIS  CASS; 
To  Messrs.  John  Ross,  Richard  ^aylor, 
Danl.  McCoy,  Haik  Conrad, 
John  Timson. 


Washington  City,  Brown's  Hot?l, 

March  12,  IS 34. 

Honored  Sir:  The  relations  of  peace  and  friendship  so  happily  and  so 
long  established  between  the  white  and  the  red  man  by  your  illustrious 
predecessors  and  our  beloved  chieftains,  induces  us,  as  representatives  of  the 
Cherokee  nation,  to  address  you  in  the  language  of  our  departed  sires,  and 
in  the  character  of  children — call  you  father.  The  appellation  in  its  origi- 
nal sense  carries  with  it  simplicity,  and  the  force  of  filial  regard.  By  trea- 
ty, the  Cherokee  nation,  for  divers  important  considerations,  acknowledged 
the  Cherokee  people  to  be  under  the  protection  of  these  United  States,  and 
of  no  other  sovereign  whosoever;  and  stipulated  that  they  will  not  hold  any 
treaty  with  any  foreign  power,  with  individual  State,  or  individuals  of  any 
State.  And  the  United  States,  in  return,  gave  assurances  of  protection,  good 
neighborhood,  and  the  solemn  guarantee  for  the  remainder  of  their  lands, 
not  ceded  Jorever.  From  this  alliance,  the  red  man  very  naturally  was  induc- 
ed to  look  upon  the  Chief  Magistrate  of  this  great  nation  as  the  guardian  of 
his  rights.  Hence,  the  emphatic  and  endearing  appellation  "father"  was 
bestowed  on  him.  Under  the  fostering  care  and  patronage  of  this  Govern- 
ment, the  arts  of  civilization  and  christiahization  were  successfully  intro- 
duced into  our  nation;  and,  from  the  growing  intercourse  of  the  good  neigh- 
borhood between  the  Cherokees  and  the  citizens  of  bordering  States,  the 
progress  of  improvement  soon  spread  its  happy  influence  over  the  whole 
country;  thereby  exhibiting  clearly,  by  practical  demonstration,  the  force 
and  effects  of  surrounding  circumstances. 

It  is  not  our  purpose  in  this  address  to  go  into  an  argument  on  the  ques- 
tion of  the  relations  which  the  Cherokee  nation  sustain  towards  the  United 
States,  nor  to  discuss  the  merits  of  our  rights  under  them,  as  have  been  re- 
cognized and  established  by  existing  treaties.  The  records  of  the  several 
departments  of  this  Government,  as  we  humbly  conceive,  amply  testily  to, 


25  [  386  ] 

and  proclaims  them.  It  is  enough  for  us  to  know  and  say  to  you  frankly — 
fa i her — your  Cherokee  children  are  in  deep  distress,  owing  to  the  unnatu- 
ral and  very  oppressive  acts  extended  by  the  illegal  hand  of  their  white 
brethren  of  the  State  of  Georgia,  and  other  bordering  States.  By  those 
enacted  by  Georgia,  the  property,  the  liberty*  the  freedom,  and  life  of  the 
Cherokee  are  placed  in  jeopardy,  because  they  are  left  at  the  mercy  of  the 
white  robber  and  assassin  to  be  taken  wilh  impunity.  No  redress  of  wrongs 
can  the  Cherokee  receive  from  the  Georgia  courts,  unless  the  foul  deed  be 
perpetrated  in  the  sight  of  a  white  person  who  may  possess  sufficient  inde- 
pendence and  honesty  to  testify  to  the  facts  in  behalf  of  the  injured  person. 
In  a  word,  Georgia  has  not  only  surveyed  and  lotteried  off  all  the  Cherokee 
lands  among  her  citizens  within  the  chartered  limits  of  that  State,  but  she 
has  gone  on  in  her  legislation  to  act  on  the  principle  that  the  Chcrokees  are 
intruders  upon  her  soil,  and  are  liable  to  be  expelled  therefrom  at  her  dis- 
cretion; for  such  is  the  fact  exhibited  b)'  the  late  act  we  laid  before  you, 
and  the  effects  of  that  law  have  already  been  witnessed  and  felt  by  some  of 
the  Cherokees.  Thus  it  is  seen  that  solemn  treaty  engagements,  made  un- 
der the  Constitution  of  the  United  States  by  those  departed  sages  who  once 
sat  in  the  exalted  chair  you  now  fill  with  the  Cherokee  nation,  have  been 
assailed,  and  are  about  to  be  destroyed  by  a  power  from  a  quarter  least  to 
have  been  expected.  Our  territory  within  the  limits  of  the  other  adjoining 
States  are  also  likely  to  be  overrun  by  intruders  from  the  several  States,  as 
there  are  already  numerous  trespassers  on  Cherokee  lands  in  those  sections 
of  the  country.  Each  State  being  a  party,  bound  by  the  constitution  of  the 
Union,  must  equally  be  so  in  relation  to  the  treaties  made  under  its  provi- 
sions. The  power  of  making  treaties  having  been  conceded  by  the  States 
to  the  General  Government,  the  Cherokee  nation  established  its  alliance 
with  the  United  States  alone,  and  have  ever  since  faithfully  observed  and 
never  departed  therefrom.  It  is  reasonable  to  suppose,  had  Georgia  not 
conceded  this  power  to  the  General  Government,  and  the  Cherokees  had 
preserved  their  right  of  treating  with  whatsoever  power  they  pleased,  trea- 
ties at  that  early  day  might  have  been  entered  into  by  the  Cherokee  nation; 
witii  Georgia  upon  as  favorable  principles  as  those  made  with  the  United 
States  However,  be  this  as  it  may,  the  Cherokees  can  now  only  hang 
their  hopes  on  the  magnanimity  and  good  faith  of  the  United  States.  And 
in  order  to  relieve  our  suffering  people  from  their  present  distressed  situa- 
tion, we  feel  it  to  be  our  duty  to  bring  the  subject  immediately  before  your 
serious  consideration  in  such  a  manner,  as,  in  our  judgment,  the  principles  of 
honor  and  justice  will  sanction. 

The  great  body  of  the  Cherokee  people  having  refused  and  will  never 
voluntarily  consent  to  remove  west  of  the  Mississippi.  And  with  the  view 
of  harmonizing  the  good  feeling  of  all  the  interested  parties,  and  to  put  an 
end  to  the  perplexing  difficulties  which  have  so  unhappily  brought  distress 
upon  our  people,  we  most  respectfully  call  your  particular  attention  to  the 
following  point:  Should  the  Cherokee  nation  agree  to  cede  to  the  United 
States  for  the  use  of  Georgia  a  portion  of  its  territory,  will  the  President 
agree  to  have  the  laws  and  treaties  executed  and  enforced  for  the  effectual 
protection  of  the  Cherokee  nation  on  the  remainder  of  their  territory?  And 
should  you  be  disposed  to  enter  into  an  arrangement  on  this  basis,  you  will 
please  to  signify  it  as  early  at;  practicable*  To  avoid  misunderstanding  and 
4 


[  386  ] 


waste  of  your  time  by  a  personal  interview,  we  have  deemed  it  most  proper 
to  communicate  these  sentiments  in  writing;  and  we  should  be  gratified,  ii 
possible,  to  receive  your  reply  from  under  your  own  signature. 
With  great  respect, 

We  have  the  honor  to  be,  sir, 

Your  obedient  humble  servant, 

J  NO.   ROSS. 
DANL.  McCOY. 
R.  TAYLOR. 
HAIR  CONRAD. 
JOHN  TIMSON. 
To  his  Excellency,  Andrew  Jackson,' 

President  of  the  United  Slates  of  America* 


War  Department,  March  13,  1834. 

Gentlemen:  Your  letter  of  the  l^th  instant,  addressed  to  the  President 
of  the  United  States,  has  been  referred  to  this  department. 

In  answer,  I  have  to  state  to  you  as  I  have  done  before,  that  little  practi- 
cal advantage  would  result  from  reviving  the  discussions  which  have  been 
heretofore  had  between  your  people  and  this  department.  The  President 
Sees  and  regrets  the  difficulties  in  which  you  are  placed,  and,  as  far  as  his 
constitutional  authority  extends,  he  is  willing  to  afford  you  such  relief  as  it 
may  be  in  his  power  to  grant. 

The  question  respecting  your  political  condition  and  rights  in  those  States 
which  have  extended  their  laws  over  your  people,  is  one  which  is  beyond 
the  reach  of  the  President.  The  most  liberal  offers  have  been  made  you  as 
an  inducement  to  exchange  your  present  residence  for  one  west  of  the  Mis- 
sissippi, and  no  doubt  remains  but  this  is  the  best,  and  in  fact  the  only  re- 
medy to  which  you  can  look  forward.  I  am  instructed  by  the  President 
again  to  say,  that  he  is  willing  to  extend  to  you  the  most  liberal  terms,  and 
to  make  such  an  arrangement  as  will  be  just  in  itself,  and  ought  to  be  satis- 
factory to  you,  for  the  termination  of  your  present  embarrassments  and  for 
your  removal  west  of  the  Mississippi.  These  embarrassments  must  in- 
crease, as  Tennessee  has  extended  her  laws  over  you,  and  North  Carolina 
may  do  the  same.  The  President  is  exceedingly  anxious  that  an  end  should 
be  put  to  the  difficulties  which  are  pressing  upon  your  people,  and  which 
wili  continue 'to  oppress,  and  ultimately  destroy  them,  unless  they  are  ter- 
minated by  a  removal. 

Very  respectfully, 

Your  most  obedient  servant, 

LEWIS  CASS. 
To  Messrs.  John  Ross,  Danl.  McCoy, 
R.  Taylor,  Hair  Conrad, 
John  Tim&on,  Washington  City. 


Washington  City,  Brown's  Hotel, 

March  Z8,  1834. 
Honored  sir:  We  have  received,  through  the  War  Department,  a  reply 
to  the  communication  which  we  had  the  honor  to  address  you  on  the  l£th 


27  I  3S6   ] 

instant,  disclaiming,  on  your  part,  all  right  of  interference  with  the  ques- 
tion of  our  political  condition  and  rights,  within  the  limits  of  ihose  States, 
which  have  extended  tneir  laws  over  our  people.  And  the  honorable  Se- 
cretary has  thought  proper  to  glance  over  again  the  offers  which  have  been 
made  our  nation  as  an  inducement  to  exchange  our  present  residence  for  one 
west  of  the  Mississippi.  It  is  enough  for  us  to  repeat  that  our  nation  have' 
entirely  disagreed  in  opinion  with  the  Department,  in  reference  to  the 
view  taken  of  the  liberality  of  those  offers.  The  honorable  Secretary, 
however,  has  informed  us,  that  you  have  instructed  him  to  say  to  us,  that 
you  are  willing  to  extend  to  us  the  most  liberal  terms,  and  to  make  such  an 
arrangement  as  will  be  just  m  itself,  and  ought  to  be  satisfactory  to  us,  for 
the  termination  of  our  present  embarassments,  and  for  our  removal  west  of 
the  Missisippi.  We  have  already  assured  you,  with  the  utmost,  sincerity 
and  truth,  that  the  great  body  of  our  people  have  refused,  and  will  never 
voluntarily  consent  to  remove  west  of  the  Mississippi;  and  it  is  on  this 
grave  question  rests  the  great  difficulty.  We  cannot,  and  dare  not,  lose 
sight  of  our  political  rights  which  have  been  recognized  and  established  by 
the  laws  and  treaties  of  the  United  States,  for  it  is  on  them  solely  that  our 
security  of  protection  hang;  and  from  the  peculiar  circumstances  of  the  pain- 
ful grievances  under  which  our  people  labor,  we  were  induced  to  submit, 
for  your  serious  consideration,  the  suggestion  which  we  had  the  honor  of 
laying  before  you.  And  now,  after  further  reflection  on  this  momentous 
question,  we  have  determined  once  more  to  address  you,  and  present  the 
s..  bject  in  another  view,  lor  your  further  determination;  and  we  would  entreat 
you,  by  every  consideration  of  honor  and  truth,  to  be  assured  that,  in  thus 
submitting  this  question,  we  are  influenced  solely  by  a  desire  to  secure  the 
permanent  welfare  and  happiness  of  our  people,  who  dearly  love  the  land 
of  lh<  ir  fathers,  and  are  devoledly  attached  to  the  Government  of  the  Uni- 
ted Slates  Feeble  as  the  Cherokees  are,  and  surrounded  by  a  nation  bo 
powerful  as  the  United  States,  we  cannot  but  clearly  see,  that  our  existence 
and  permanent  welfare  as  a  people,  must  depend  upon  that  relation  which 
will  eventually  lead  to  an  amalgamation  with  the  population  of  this  great  re- 
public; and  as  the  prospects  of  securing  this  object  collectively, in  our  pi  e;>ent  lo- 
cation in  the  character  of  a  Territorial  or  Slate  Government  seem  to  be  se- 
riously opposed,  and  is  threatened  by  the  States  which  are  interested  in 
their  own  aggrandizement,  and  as  the  Cherokees,  having  refused  and  will 
never  voluntarily  consent  to  remove  west  of  the  Mississippi,  we  are  con- 
strained, in  the  most  respectful  manner,  to  present  the  following  questions 
for  your  decision. 

Will  you  agree  to  enter  into  an  arrangement,  on  the  basis  of  the  Chero- 
kees becoming  prospectively  citizens  of  the  United  States,  provided  the 
nation  will  cede  to  the  United  States  a  portion  of  its  Territory  for  the  use 
of  Georgia?  And  wdl  you  agree  to  have  the  laws  and  treaties  executed  and 
enforced  for  the  effectual  protection  of  the  nation,  on  the  remainder  of  its 
Territory  for  a  definite  period,  with  the  understanding  that,  after  that  peri- 
od, the  Cherokees  are  to  be  subjected  to  the  laws  of  the  States  within 
whose  limits  they  may  be,  and  to  take  an  individual  standing  as  citizens 
thereof,  the  same  as  other  free  citizens  of  the  United  States,  and  to  dispose 
of  our  surplus  lands  in  such  a  manner  as  may  be  agreed  upon  Such  an 
arrangement  as  this,  would  put  an  end  to  all  conflicting  interests,  and  se- 
cure to  the  Cherokees,  time  to  prepare  for  the  important  change  of  their 
condition,  and  enable  them,  by  means  of  education,  to  defend  their  indivi 


r  3S6  ]  2S 

dual  rights  as  free  citizens  against  any  fraud  or  violence  before  the  proper 
tribunals  of  the  country.  It  is  no  more  than  reasonable  and  just,  that  am- 
ple time  should  be  extended  to  the  Cherokee  people  to  prepare  for  so  im- 
portant a  change  of  their  political  character,  in  their  native  land.  No  nation 
of  people,  emerging  from  the  natural  state  of  man,  can  ever  prosper  by  an 
untimely  amalgamation  with  a  civilized  and  refined  community.  When  we 
look  on  our  own  individual  condition,  and  review  the  circumstances  which 
have  placed  us  in  the  scale  of  civilized  life,  above  the  condition  of  others  of 
our  fellow  countrymen,  we  cannot  but.  see  that  they  and  their  children  are  all 
equally  capable,  under  similar  circumstances,  to  rise  to  the  same  degree  of 
elevation.  It  is,  therefore,  our  imperious  duty  to  endeavor  to  afford  them 
all  the  advantages  possible  for  their  general  improvement.  Georgia,  and 
the  other  interested  State.*,  cannot  rightfully  oppose  such  an  arrangement, 
and  there  can  be  no  doubt  they  would  readily  acquiesce  in  it.  The  great 
cause  of  contention  will  have  been  removed,  by  making  certain  an  object 
which,  under  existing  treaties  at  this  time  to  them,  is  uncertain;  and  finally, 
a  peaceable  and  an  honorable  adjustment  of  all  conflicting  interests  will  have 
been  accomplished.  Twenty  years  have  now  elapsed  since  we  participated 
with  }Tou  in  the  toils  and  dangers  of  war,  and  obtained  a  victory  over  the 
unfortunate  and  deluded  red  foe  at  Tehopekah,  on  the  memorable  27th 
March,  1814;  that  portentous  day  was  shrouded  by  a  cloud  of  darkness 
besprinkled  with  the  awful  streaks  of  blood  and  death.  It  is  in  the  hour 
of  such  times  alone,  that  the  heart  of  man  can  be  truly  tested  and  correctly 
judged.  We  were  then  your  friends,  and  the  conduct  of  man  is  an  index 
to  his  disposition.  Now,  in  these  days  of  profound  peace?  why  should  the 
gallant  soldiers,  who,  in  time  of  war,  walked  hand  in  hand  through  blood 
and  carnage,  be  not  still  friends  ?  We  answer  that  we  are  yet  your 
friends,  and  we  love  our  people,  our  country,  and  the  home  of  the  childhood 
of  our  departed  sires.  We  have  ever  enjoyed  the  rights  and  liberties  of 
freemen,  and  God  forbid  that  we  should  ever  live  in  vassalage  to  any  power. 
And  if  we  are  too  weak  to  live  as  freemen,  it  is  easier  for  freemen  to  die 
than  live  as  slaves.  To  afford  our  people  full  privilege  and  satisfaction,  if 
the  United  States  would  furnish  the  necessarv  means,  and  our  nation  think 
it  proper  to  appoint  an  exploring  party  for  the  purpose  of  examining  all  the 
countries  beyond  the  Mississippi  river,  it  may  be  done  in  addition  to  the 
arrangement  which  we  have  suggested 

We  have  the  honor  to  be,  sir, 
Very  respectfully, 

Your  obedient  humble  servants, 
JOHN  ROSS. 

RICHARD  TAYLOR. 

DANIEL  McCOY. 

HAIR  CONRAD. 

JOHN   TIMSON, 
To  his  Excellency,  Andrew  Jackson. 

President  oj  the  United  States 


A  NOTE  TO  THE  PRESIDENT. 

The  compliments  of  the  Cherokee  delegation   to  the  President  of  the 
United  States,  and  beg  leave  to  call  his  attention  to  the   communication 


29 


L  8S6  ] 


which  they  had  the  honor  to  address  him  on  the  28th  of  last  month,  and  to 
inquire  how  soon  may  they  expect  his  definite  reply  to  the  same,  as  they 
are  particularly  desirous  to  terminate  the  business  of  their  mission  with  the 
Government  as  soon  as  practicable,  that  they  may  return  home.  Respect- 
fully sutmitied  in  behalf  of  the  delegation,  by 

JNO.  ROSS. 
Brown's  Hotel,  Thursday,  April  17,  1834. 


War  Department,  April  18,  1S34. 

Gentlemen  :  The  letter  to  which  you  referred,  in  conversation  yester- 
day, as  having  been  addressed  to  the  President  on  the  2Sth  ultimo,  has  not 
been  received  at  this  department,  but  your  note  of  yesterday  to  the  Presi- 
dent has  been  transmitted  here  with  his  instructions  to  inform  you  that  my 
answer  of  the  13th  ult.  to  your  letter  of  the  preceding  day  contains  his 
views  of  your  affairs  generally;  he  has  nothing  to  add  thereto,  except  to  say, 
that  if  you  have  any  propositions  to  make,  on  the  grounds  heretofore  offered 
to  you  connected  with  your  removal,  it  shall  be  received  and  considered 
without  delay. 

Very  respectfully, 

Your  most  obedient  servant, 

LEWIS  CASS; 
To  Messrs  John  Ross,  Danl.  McCoy, 
R   Tatloh,  Hair  Conrad, 
John  Timson. 


Washington  City,  April  29,  1834, 

Sir:  Your  letter  of  the  18th  instant  informs  us  that  our  communication 
of  the  28th  ultimo  to  the  President,  has  not  been  received  at  that  Depart- 
ment, but  that  our  note  of  the  17th  instant  to  him,  has  been  transmitted 
there,  with  his  instructions  to  inform  us  that  your  answer  of  the  ]  3th  ulti- 
mo, in  reply  to  ours  of  the  preceding  day,  contains  his  views  of  our  af- 
fairs generally;  and  that  he  has  nothing  to  add  thereto,except  to  say  that,  "if 
we  have  any  proposition  to  make,  on  the  grounds  heretofore  offered  to  us, 
connected  with  our  removal,  it  shall  be  received  and  considered  without 
delay."  We  deem  it  to  be  proper  and  necessary  to  transmit  you  herewith 
a  copy  of  our  communication  of  the  28th  of  last  month  to  the  President, 
from  which  you  will  discover  that  it  does  contain  suggestions  which  looks 
to  an  arrangement  for  the  adjustment  of  the  difficulties  created  by  the  poli- 
tical measures  taken  against  our  nation;  and  the  basis  of  which,  under  ex- 
isting circumstances,  is,  in  our  judgment,  the  only  one  on  which  an  arrange- 
ment can  be  made  to  shield  the  Cherokee  people  from  destruction,  as  it 
would  afford  us  an  opportunity  to  obtain  correct  information  from  personal 
observations  by  exploration  of  all  the  countries  west  of  the  Mississippi  ri- 
ver. And  the  nation  being  left  free  to  act,  for  its  welfare  and  future  desti- 
ny after  full  information  on  that  subject,  would  then  be  prepared  to  deter- 
mine finally  whether  it  will  be  best  to  remove  or  to  remain.     The  Govern- 


[  386  ] 


30 


merit  ought  not,  and  must  not,  expect  from  our  nation,  the  adoption  of  any 
measure  that  will  plunge  our  own  people  into  ruin.  We  see  and  know  the 
unhappy  situation  into  which  our  red  brethren,  the  Creeks  and  Chickasaws, 
have  placed  themselves,  by  entering  into  a  premature  treaty,  for  the  want 
of  light  and  knowledge.  The  Cherokee  people  will  never  consent  to  sell 
their  freedom,  nor  dispose  of  their  heritage  in  the  soil  which  moulders  the 
bones  of  their  ancestors,  for  any  consideration  if  it  can  be  avoided. 

The  basis  on  which  the  last  Chickasaw  treaty  was  made,  recognizes  a 
principle  in  regard  to  the  right  of  soil  in  the  Indian  tribes,  which  have  been 
sanctioned  by  all  former  treaties,  and  confirmed  by  each  branch  of  this  Go- 
vernment. And  there  is  a  passage  in  the  5th  article  of  the  treaty  of  27th 
February,  IS  19,  whereby  the  faith  of  the  United  States  is  pledged  by  the 
stipulation  that  "the  United  States  shall  remove  all  white  people,  who  had 
then,  or  may  thereafter,  intrude  on  the  lands  reserved  for  the  Cherokees, 
and  to  proceed  against  them  according  to  the  provisions  of  the  act  passed 
30th  March,  1S02,  entitled  '  An  act  to  regulate  trade  and  intercourse  with 
the  Indian  tribes,  and  to  preserve  peace  on  the  frontiers. "  '  Further,  in  the 
act  passed  on  the  2Sih  May,  1S30,  entitled  'An  act  to  provide  for  an  ex- 
change of  lands  with  the  Indians,  residing  in  any  of  the  States  or  Territo- 
ries, and  for  their  removal  west  of  the  Mississippi,'  there  is  a  proviso  in 
the  7th  section  thereof,  in  these  words,  "that  nothing  in  this  act  contained, 
shall  be  construed  as  authorizing  or  directing  the  violation  of  existing  treaty 
between  the  United  States  and  any  of  the  Indian  tribes;"  here  then,  it  is 
clearly  and  unequivocally  admitted  by  the  General  Government,  that  the 
existing  treaties  ought  not,  and  are  not,  to  be  violated.  The  treaty  of  1  SI 9 
being  then  and  now,  is  an  existing  treaty,  as  well  as  other  preceding  ones; 
the  United  States  are,  therefore,  imperiously  bound  in  good  faith  to  have 
them  executed.  Under  every  view  we  have  been  enabled  to  take  of  the 
subject,  we  can  see  no  reasonable  or  just  ground  why  the  President  should 
refuse  to  adjust  our  embarrassing  difficulties,  on  the  basis  we  have  submitted 
for  his  further  consideration.  The  compact  of  180-',  between  the  United 
States  and  Georgia,  being  a  contract  to  which  our  nation  is  not  a  party,  and 
its  fulfilment  jesting  on  the  contingency  that  the  United  States  shall,  at 
their  own  expense,  extinguish,  for  the  use  of  Georgia,  as  early  as  the  same 
can  be  pear°^,bly  obtained,  on  reasonable  terms,  the  Indian  title,  &c  ,  most 
clearly  shows  that  the  agreement  is  conditional;  and  that  there  can  be  no 
justification  for  anv  departure  from  its  import  to  affect  the  rights  of  our  na- 
tion. Our  people  being  well  informed  in  regard  to  the  country  to  which 
the  Government  has  so  pressingly  urged  our  removal,  and  they  are  fully 
convinced  that  it  is  not  such  an  one  as  we  can  ever  live  in  permanently,  and 
there  enjoy  the  blessings  of  prosperity  and  happiness.  Some  of  our  breth- 
ren from  that  region,  who  are  now  in  the  city,  have  had  the  candor  to  as- 
sure us,  that  unless  the  Government  would  lop  off  a  district  of  country  from 
the  Territory  of  Arkansas  for  our  accommodation,  in  case  of  our  removal, 
that  the  country  already  laid  oft  there  for  them,  would  not  be  adequate  to 
afford  us  all  comfortable  :  e-idences,&c. :  and  that  there  are  no  other  lands  with- 
in the  reach  of  the  Government  to  give  in  accession  to  their  country  which 
would  be  worth  exchanging  for.  And  have  we  not  already  been  distinctly 
told  that  the  Government  cannot  consent  to  curtail  Arkansas  of  its  Ter- 
ritorial boundary?  Under  all  those  circumstances  should  the  Govern- 
ment still  persist  in  refusing  to  adjust  our  difficulties,  on  any   other  basis 


31  [  386  ] 

than  that  of  a  removal,  we  cannot  but  feel  and  believe  tiiat  its  object  is  to 
force  the  Cherokee  people  out  of  the  limits  of  the  Territorial  boundary  of 
the  United  States. 

With  great  respect, 

We  have  the  honor  to  be,  sir, 

Your  obedient  humble  servants, 
JOHN  ROSS. 
RICHARD  TAYLOR. 
DANIEL,  McCOY. 
HAIR  CONRAD. 
JOHN   TIM  SON. 
To  the  Hon.  Lewis  Cass, 

Secretary  of  War. 


Department  op  War, 
Office  of  Indian  Jiff  airs,  May  1,  1834. 

Gentlemen:  I  have  to  acknowledge  the  receipt  of  two  communications 
from  you,  one  dated  March  28th,  addressed  to  the  President,  and  the  other 
dated  April  29th,  and  addressed  to  the  War  Department;  and,  in  answer,  to 
inform  you  that  the  difficulties  heretofore  experienced  and  explained  to  you, 
and  wiiich  have  prevented  the  adjustment  of  your  unsettled  affairs  in  you? 
present  position,  3  et  exist  in  full  force. 

The  President  does  not  see  the  slightest  hope  of  a  termination  to  the  em- 
barrassments under  which  you  labor,  but  in  your  removal  to  the  country 
west  of  the  Mississippi;  and  he  thinks  that  holding  out  to  you  any  other 
expectation  would  be  delusive. 

i  It  is  unnecessary  to  enter  upon  the  considerations  connected  with  your  pre- 
sent embarrassing  condition.  These  have  been  so  often  the  subject  of  dis- 
cussion, that  the  views  of  the  President,  and  the  obstacles  in  the  way  of  an 
adjustment  without  a  change  of  position,  are  fully  known  to  you.  And  I 
refer  you  to  your  correspondence  with  this  department  for  a  retrospect  of 
the  whole  matter. 

I  assure  you,  however,  as  I  have  done  before,  that  there  is  every  dispo- 
sition to  grant  you  liberal  terms,  and  that  the  United  States  will  faithfully 
compensate  you  for  any  just  demands  you  may  have  against  them. 
Very  respectfully, 

I  am,  gentlemen, 

Your  obedient  servant, 

ELBERT  HERRING. 
To  Messrs.  John  Ross  and  Others, 

Cherokees  in  Washington. 


UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


00032205373 

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